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A Study on the Regulatory System for the Consumer Safety - Focusing on Safety Measures(Recall) of Frame Act on Consumers -

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2017, 5(1), pp.39~69
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law

Yi Jieun 1

1배재대학교

Candidate

ABSTRACT

Consumer sovereignty can be realized not to remain nomina if the government protect consumer. Consumer can make a rational decision in consumption only if establishing fair trade order and making fully free choice are met overall. However, it is rarely actualize because a lot of enterpriser have huge capital and power. They can make clever advertizing to manipulate consumer artfully and even create demand itself by inventing new product. Government enacted norm to protect consumers focusing safety of specific product, early. Lately, there are lots of legislations to control about safety product in a various area, too. Furthermore, government make laws to bring the purposes of law into consumer protection itself and into establishing fair trade order. They affect multiply as the measure of safeguard consumers. Frame Act on Consumers is the exact one bring it’s purpose into consumer protection. It includes articles on safety measures and recall system is typical example. Recall system of the Frame Act on Consumers is regarding information on defects of goods and services. Enterpriser shall take a measures such as remove, destroy, or repair defected goods and services, or exchange them for other and refund them if the enterpriser could get information on defects. However, ①Framework Act on Product Safety has already same article and it shall apply with respect to, above all. ②The meaning of “information of defects on service” is too vague. ③There arn’t enough reason to include articles on safety measures to FRAME ACT in spite of lots of norms to regulate product safety. Therefore Frame Act on Consumer shall be revised as follows. First of all, a lots of act to regulate product safety shall be organized systematically, it should be revised to take a role as FRAME ACT. Also, safety measure of services is not necessary to be recall system.

Citation status

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