소비자분쟁해결기준의 현상과 전망

A Study on the status and perspective of Regulations on Consumer Dispute Resolution

“Regulations on Consumer Dispute Resolution" may be substantial legal Standard for consumer dispute resolution in the ADR(Alternative Dispute Resolution). The main focus on this study is the status and perspective of Regulations on Consumer Dispute Resolution. The purpose of this Regulations on Consumer Dispute Resolution is to provide specific criteria for compensation agreements or recommendations so as to smoothly settle disputes between a consumer and a business by stipulating regulations on consumer dispute resolution by product item according to the General Regulations on Consumer Dispute Resolution as per Article 16(2) of the Framework Act on Consumers and Article 8(3) of the Enforcement Decree of the same Act. Concern about Request for Damage Redress, If the parties to a dispute fail to reach an agreement, they may seek redress for damage from the heads of the central administrative agencies, mayors or governors, the president of the Korea Consumer Agency or consumer organizations. Concern about Product Item & Regulations on Consumer Dispute Resolution, targeted product items, regulations on dispute resolution by product item, warranty period & parts replenishment period by product item, and useful period by product item set forth in this Notification are specified in Appendix I, Appendix II, Appendix III and Appendix IV, respectively. Regulations on Consumer Dispute Resolution under Framework Act of Consumers becomes the basis of the agreement or recommendation for the settlement of disputes as long as there is no separate expression of dispute resolution between parties (art.16(3)). However, in a case that there is no indication of a separate dispute resolution between the parties in civil dispute, the basis for the dispute resolution is substantial law such as Civil Code. Regulations on Consumer Dispute Resolution arranges consumer dispute resolution in the ADR. This Regulations has contributed to redress of consumer damages. But the legal substance of this Regulations is ambiguous and not elaborate systematically. And actually Regulations on Consumer Dispute Resolution is misunderstood as a legal regulation and occasionally made against consumer. This Regulations should be advanced to apply the consumer dispute resolution in the ADR. Consumer Fundamental Law should be clarify that the enactment process must be settled by Presidential decree more details. Not only General Regulations on Consumer Dispute Resolution but also Regulations on Consumer Dispute Resolution by Product Item should be declared comprehensively. Therefore Regulations on Consumer Dispute Resolution is to be recompose which considered to substance of this Resolution and legislation.