몽골 소비자보호법 개정안의 분석과 비판

Mongolia's consumer protection law system has continued to this day since it enacted the Consumer Rights Protection Act in 1991 at the time of the transition to sanctions and revised it significantly in 2003. However, in a situation where existing laws are showing limitations due to the rapid development of the artificial intelligence and digital economies, and human and material exchanges between Korea and Mongolia are rapidly expanding, Mongolia's consumer protection law needs to be improved as it is not limited to Korea but is recognized as an international issue. In this regard, Mongolia recently prepared an amendment to the Consumer Protection Act. By introducing and analyzing the main contents mentioned in the bill in this paper, and critically considering the effectiveness and improvement measures, implications for establishing a more effective consumer protection system were drawn. There were a number of uncertainties in determining the definition and scope of the responsible entity related to e-commerce newly established in the amendment. Mongolia has not currently enacted a special law related to e-commerce, so it is pointed out as a limitation of the legal system that it is seeking to regulate the relationship between consumers and business operators under the Mongolian Civil Act and the Consumer Rights Protection Act preparing for amendments. In particular, the inability to define various and specific definitions of parties participating in e-commerce is an international problem as a legal system to protect foreign operators or consumers is currently being established in various fields due to the development of IT technology and social changes. In addition, we looked at the contents of the transfer of land use rights during real estate transactions stipulated in the bill. Mongolia's land system does not yet clearly recognize the concept of land ownership. In Mongolia, there are systems such as land use rights, land occupancy rights, and land use rights, but not everyone can have land rights. As stipulated in the amendment to the law, it stipulates whether the building meets the registration requirements and that information related to land rights be delivered to consumers, but the receipt of relevant information does not mean that a system has been established to protect consumers. Therefore, it is necessary to establish a sound transaction order in the contract signed with consumers on the condition that they sign a collective building sales contract before completing the building and transfer ownership of the building after the building is completed, and to protect consumers' rights by enacting and revising terms and conditions that will be standard in certain areas of transaction to prevent damage to consumers. In addition, the paper examined the improvement of the legal terminology mentioned in the law amendment, the provision of consumers' right to access information to strengthen consumer rights, the right to withdraw contracts, the right to claim damages, the protection of the vulnerable, such as the disabled, and the product quality guarantee, contract performance obligations, customer response procedures, consumer complaint handling procedures, and standards for dispute resolution organizations. In order to prevent conflicts between laws, it was found that further discussions were needed on the need to link with existing civil laws and the expansion of the legal status and role of consumer organizations.