“소비자분쟁해결기준”의 법적 성격

The legal nature of “Consumer Dispute Resolution Criteria - An analysis via civil dispute resolution mechanisms -

“Consumer Dispute Resolution Criteria (CDRC) may be substantial legal criteria for consumer dispute resolution outside lawsuit. The problem is the relationship between these criteria and substantial laws such as Civil Code. CDRC 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 (non-mandatory provision) such as Civil Code. When article 16(3) is literally interpreted, it is likely to be that, in the ADR(Alternative Dispute Resolution) process for consumer dispute resolution, CDRC applies prior to substantial laws such as Civil Code or CDRC alone applies. However, the issue is that such interpretation could possibly happen in a country with civil substantial laws including Civil Code or Commercial Code and civil justice system. Only if the parties agreed to resolve a dispute with CDRC, the criteria shall be interpreted to be the basis or standard of an agreement or recommendation for consumer dispute resolution. Accordingly, this standards is different from non-mandatory provision which naturally applies in a case that the parties have no apparent agreement on the dispute resolution. According to Framework Act of Consumers(article 9(1)), if CDRC is favorable to consumers (when the parties agreed to resolve a dispute with the CDRC), CDRC shall be interpreted to apply prior to substantial laws such as Civil Code. In that case, CDRC will be construed as unilateral mandatory provision. Labelling You can receive compensation of damages from this product according to the Notice by Korean Fair Trade Commission on the surface of the product shall be interpreted as the expression of dispute resolution with CDRC by the business. Therefore unless the consumer explicitly oppose, it shall be considered that there is an implied agreement for the dispute resolution with CDRC between the consumer and the business.