여행계약의 전형계약화로 인한 국내외여행표준약관의 개정방향

The study on the revision of the standard form contract about the domestic · overseas travel under the revised korean civil law

The purpose of this article is consideration and proposal about the standard form contract with respect to the domestic·overseas travel for consumer rights. Recently, korean civil law is revised, which means a travel contract as model contract. Meanwhile, Korea Fair Trade Committee(KFTC) has used the standard form contract for regulating a unfair travel contract between traveler and tourist business operator. KFTC needs to reform to adjust with a revised Civil Law. Because revised Civil Law has some mandatory provisions, so it is reflected to the standard travel terms. First of all, Before start of travel, avoidance of tourist business operator should be reformed in standard form contract. Civil law brook no avoidance for tourist business operator before start of travel. Secondly, warranty of merchantability should be reflected in standard form contract. Civil law clearly enacts rights of traveler's claim when tourist business operator fail to implement contract content. And KFTC also should supplement unguarded points which is mandatory or directory provision that could be interpreted detrimentally for consumer protection. Civil Law states that traveler may pay the fee later, if not especially tourist business operator decide how to pay. Lastly, KFTC takes account of another consumer protection legal system that could be influenced by revised civil law.