약관규제법의 한계와 개선방안에 관한 연구

The Act on Standardized Terms and Conditions was enacted in 1986 to address various issues arising from the widespread use of terms and conditions. The way used terms and conditions has been changing in accordance with changes in transaction methods. However, the Act on Standardized Terms and Conditions fails to adequately regulate terms and conditions in the changed transaction environment. Therefore, the Act on Standardized Terms and Conditions needs to be amended as follows: First, the definition of terms and conditions should be revised to include contract terms provided verbally by businesses in non-face-to-face automated transactions. Second, businesses should provide customers with a copy of the terms and conditions in principle, and the obligation to provide a copy should only be exempted if the customer refuses. Third, the provision regarding surprise terms in the content control requirements for terms and conditions should be deleted. Finally, the exception provision regarding partial invalidity should be limited to customers as the unilateral party.