21세기 소비자법⋅정책 그리고 행정의 발전방향

The constitutional amendment of 1980 and the enactment of the Consumer Protection Act played a pivotal role in establishing a legal foundation for consumer protection in South Korea that had previously lacked such a framework. Since then, various consumer laws, such as the Act on the Regulation of Terms and Conditions, have been enacted. As a result, South Korea’s consumer laws, policies and administrative systems are now on par with those of major countries. The consumer laws, policies, and administrative systems that were established in the 20th century have remained stagnant, thereby failing to reflect the changes in the social environment of the 21st century. Therefore, it is necessary to reorganize the consumer laws, policies and administrative systems to align them with the changing consumer environment of the 21st century. It can be divided into the following three categories: consumer law, consumer policy, and consumer administration. Firstly, in the area of consumer law, the Consumer Basic Act, as the general law for consumer, should focus only on the basic aspects of consumer rights protection and promotion. For more specific and specialized areas, special laws should be enacted to ensure the full protection of consumer rights in each field. Additionally, consumer laws related to consumer transactions, consumer safety, personal information, consumer credit, and payments require fundamental restructuring to better reflect the changes in the 21st-century environment. Secondly, in the area of consumer policy, consumer participation must be guaranteed for the transformation of consumer policy into one that genuinely benefits consumers. This requires transparency and public disclosure of consumer policies and evaluations. Lastly, in the area of consumer administration, an independent administrative agency dedicated to consumer law and policy should be established. The Korea Consumer Agency should undergo a comprehensive reform, with a focus on enhancing its expertise. These reforms will allow South Korea’s consumer laws, policies, and administrative systems to better align with the changing consumer environment of the 21st century.