약관규제법 규정의 민법전 편입⋅신설 방안

Discussions on incorporating consumer law into the Civil Code have been ongoing for a long time. In particular, the Standard Terms Regulation Act does not presuppose consumers but rather focuses on assessing the unfairness of contracts themselves, playing a crucial role in establishing a sound transactional order. Given that standard terms are widely used in various everyday contracts, such as those related to travel, transportation, insurance, and banking, it seems reasonable to incorporate the fundamental principles of standard terms regulation into the Civil Code, which serves as the general law governing civil transactions. However, incorporating or newly establishing provisions on standard terms in the Civil Code remains a challenging issue. Even the Partial Amendment to the Civil Code, which was announced for legislative review on February 7, 2025, only partially reflects the intent of Article 16 of the Standard Terms Regulation Act in its proposed revision of Article 137 of the Civil Code. This paper examines the meaning of standard terms and their relationship with the Civil Code in terms of incorporation, interpretation, and content control. It also explores the arguments for and against incorporating the provisions of the Standard Terms Regulation Act into the Civil Code, as well as the approaches taken by France, Japan, and Germany. Finally, this study briefly outlines possible methods for incorporating standard terms provisions into the Civil Code and summarizes the diverse opinions that have emerged during the legislative revision process.