지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
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Generally speaking, traditional approaches have depicted consumers as economically weak persons for many reasons. It is said that because of the disparity of information and unequal bargaining power between businesses and consumers, many terms unfavorable to consumers. Especially, the use of standard form contracts in consumer contracts tends frequently to lead to market failures because such contract are presented by a take-it-or-leave-it basis. The market failure has been referred to as the most common justification for legislative interventions in consumer markets. Thus, many consumer laws in Korea provide that businesses present consumers with information. Many mandatory disclosure is based on the idea that if consumers are given full and accurate information regarding the transactions into which they enter, the marketplace will function more efficiently. If they work well as expected, mandatory disclosures can ameliorate market failures without additional regulation of consumer market or judicial intervention. However, as consumers’ contracting behavioral researchers have argued, it is very unclear that such mandatory disclosure regulation would achieve its objective. Because of consumers’ various biases as behavioral insights indicate, they have inherently some limitation to achieve its objective. Despite these shortcomings of mandatory disclosure, however, mandatory disclosure regulation is inexpensive tool to regulate consumer markets and is the minimum requirement to legitimate consumer assent to standard form terms. Thus, this paper agrees that generally the starting point for regulation of standard form contracts should be mandatory disclosure. With respect to mandatory disclosure, what is more important is to make it more effective, but we cannot expect individual consumers to play such roles. Therefore, this paper emphasized the importance of consumer organizations’ role in preserving competition in the consumer market. consumer organizations provide consumers with information and advice by reviewing and comparing businesses’ items and contract terms. Especially, the Internet is a powerful and inexpensive tool in exchanging and spreading useful information between consumer organization and consumers. Consumers will be able to protect themselves by investigating the reputation of businesses and selecting only those with good reputations. In sum, if consumer organizations work well as expected, they can generate market pressure against businesses, and therefore mandatory disclosure regulations will be of value.
목차
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참고문헌 (36)
참고문헌 신청
Aaron J. Wright / 2005 / Rendered Impracticable,In Behavioral Economics and the Impracticability Doctrine / Cardozo L. Rev : 2183 ~
Alan M. White / 2009 / Behavior and Contract / Law & Ineq : 143 ~ 144
Alan Schwartz / 1977 / A Reexamination of Nonsubstantive Unconscionability / Va. L. Rev : 1053 ~
Alan Schwartz / 1979 / Intervening in Markets on the Basis of Imperfect Information,In A Legal and Economic Analysis / U. Pa. L. Rev : 630 ~
Christine Jolls / 1988 / A Behavioral Approach to Law and Economics / Stan. L. Rev : 1471 ~ 1477
Alan M. White / 2009 / Behavior and Contract / Law & Ineq : 143 ~ 144
Alan Schwartz / 1977 / A Reexamination of Nonsubstantive Unconscionability / Va. L. Rev : 1053 ~
Alan Schwartz / 1979 / Intervening in Markets on the Basis of Imperfect Information,In A Legal and Economic Analysis / U. Pa. L. Rev : 630 ~
Christine Jolls / 1988 / A Behavioral Approach to Law and Economics / Stan. L. Rev : 1471 ~ 1477
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