소비자거래에서 손해배상 관련 기준의 기능과 향후 과제

Consumer law aims to enhance consumer rights and welfare, necessitating a broad perspective on the functions and roles of compensation guidelines in consumer transactions. These compensation guidelines play a vital role as part of consumer policy, addressing various aspects of consumer protection. In South Korea, compensation guidelines for protecting consumer rights are established by the government and are stipulated in multiple forms, including the Criteria for Settlement of Consumer Disputes under the Framework Act on Consumers and regulations governing specific product categories. These guidelines ensure the exchangeability and usability of goods while minimizing costs associated with transactional failures. Compensation guidelines in consumer transactions serve as a means of consumer policy because they aim to restrict claims for compensation to protect consumer rights. Moreover, as the calculation of damages in consumer transactions often reflects a social consensus, mechanisms such as presumed defects in goods or consumers’ contributory negligence inherently incorporate consumer policy considerations, thereby facilitating the effective application of compensation guidelines. Consequently, these guidelines are not merely limited to defining the scope of civil liability but serve broader policy purposes. Given the increasing diversity and complexity of consumer transactions, it is essential to continuously review and improve compensation guidelines. Historically, these guidelines have primarily served as administrative recommendations to facilitate dispute resolution between private parties. Moving forward, however, it is imperative to focus more on their role in reducing transactional costs and stabilizing the consumer market. In addition to developing guidelines suited to new products, comprehensive measures are required to address unfair business practices in consumer transactions. Such guidelines must evolve to maintain market stability and protect consumers in an increasingly complex market environment.