소비자계약상 정보제공의무에 대한 일고찰 (A study on the duty of furnishing information on the Consumer Contract Law)

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· 저자명 : 최현태

초록

This article is concerned with reviewing theories and regulations about the duty of furnishing information on the Consumer Contract Law. The duty of furnishing information is required due to the structural inequality, especially serious discrepancy in information, in contract relationship. My approach in this paper is based on that the clarifies the concept of Consumer Contract Protection, and after reviewing various concept and scope regarding to regulations about the duty of furnishing information under the concept of Consumer Contract protection.
The Consumer Protection Act in Korea has been revised to enact and supplement the Consumer Fundamental Act which has been effective from March 27, 2007. However, in spite of the revision of the consumer law, the law has a lot of problems that are being criticized. In particular, the obligation to provide information is the most important issue. So, this article will investigate various theories regarding the obligation to disclose information. And then, this study considerations how Consumer Contract Law is responding to the information gap between consumers and businesses on the grounds of regulations under the special law and civil code. there is lack of legal responses to minimize the information gap between consumer and businesses under consumer contract. So we are called to equal-model this duty. The duty to disclose information is one of the typical examples of the legal responses to minimize the information gap.
In consequence, in this study I focus only on the issue of the duty of furnishing information on the Consumer Contract Law. This article will provide favorable implications to 'the theoretical analysis and de lege ferenda' as it has effectively arranged and analyzed the obligation to provide information. In the future, we will study more about this problem is proposed that it should.

영어초록

This article is concerned with reviewing theories and regulations about the duty of furnishing information on the Consumer Contract Law. The duty of furnishing information is required due to the structural inequality, especially serious discrepancy in information, in contract relationship. My approach in this paper is based on that the clarifies the concept of Consumer Contract Protection, and after reviewing various concept and scope regarding to regulations about the duty of furnishing information under the concept of Consumer Contract protection.
The Consumer Protection Act in Korea has been revised to enact and supplement the Consumer Fundamental Act which has been effective from March 27, 2007. However, in spite of the revision of the consumer law, the law has a lot of problems that are being criticized. In particular, the obligation to provide information is the most important issue. So, this article will investigate various theories regarding the obligation to disclose information. And then, this study considerations how Consumer Contract Law is responding to the information gap between consumers and businesses on the grounds of regulations under the special law and civil code. there is lack of legal responses to minimize the information gap between consumer and businesses under consumer contract. So we are called to equal-model this duty. The duty to disclose information is one of the typical examples of the legal responses to minimize the information gap.
In consequence, in this study I focus only on the issue of the duty of furnishing information on the Consumer Contract Law. This article will provide favorable implications to 'the theoretical analysis and de lege ferenda' as it has effectively arranged and analyzed the obligation to provide information. In the future, we will study more about this problem is proposed that it should.

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