한국법상 약관규제법에 의한 소비자 보호

Consumer Protection by the Standard Form Contract Regulation Act in Korea

The Korean Standard Form Contract Regulation Act was enacted for the purpose of consumer protection. Three ways of controlling a standard form contract are stated in the Act; incorporation control, interpretation control, and content control. Imposing the duty of disclosure and the predominance of the individually negotiated term over the standard form clause are principal methods of the incorporation control. Objective interpretation and contra proferentem rule are major principles of the standard form contract interpretation. The general clause of the content control is Art. 6, para. 1, which provides that unfair clause which is contrary to the principle of the good faith is void. There are other concrete provisions that render the standard from contract void for its unfairness. Whether the validity preservation of the allowable part rule is permitted is controversial, but the precedents of the court are in principle receptive to this rule.