Mutual aid businesses appeared in the early 1980's and rapidly developed, but there has been a great deal of consumer damage stemming from consumer payments made in advance, a trait of mutual aid businesses. In 2010, the 'Installment Transaction Act' was revised to prevent consumers from such damages and promote the healthy growth of businesses, subjecting mutual aid businesses to the Act. Many countermeasures, such as the mutual aid enterprise registration system, minimum capital requirement for establishment of mutual aid enterprises, introduction of a consumer indemnity insurance system, and arrangements for legal basis for establishment of mutual aid associations, have been legislated for consumer protection. Yet consumer distrust or cynical air in society still persists. Legislation providing consumer protection while pursuing development of mutual aid businesses is necessary. I believe legislation on mutual aid businesses is needed in the long term and consumer protection is needed in the short term as a supplement for further reinforcement of the current Installment Transaction Act. It is necessary to expand information offerings, extend the coverage of compensation for consumer damages, and create a balance between applicable laws and standardized agreements. It is desirable to introduce external accounting audits and a compulsory public notification system, in addition to the regulation of operation of assets, especially for financial soundness of mutual aid companies. Next, legislation for a management improvement order system under the Installment Transaction Act is required after observing the feasibility of comprehensive supervision over individual mutual aid companies.
상조업상조회사할부거래법선불식 할부거래상조업법상조공제조합mutual aid companyconsumer damage indemmityescrow contra ctinstallment transactionsKorea Fair Trade Commission. manage ment improvement order system
동국대학교 비교법문화연구원 [The Institute of Comparative Law and Legal Culture]
설립연도
2000
분야
사회과학>법학
소개
본 연구소에서는 세계 각국의 새로운 법률제도를 그때그때 입수하여 이를 소개하고 한국 실정에 접목가능성을 연구·분석한다. 아울러 본 연구소는 국내의 각종 학술단체, 연구소, 연구기관과의 교류를 증진함은 물론 외국대학의 연구소와 공동연구를 통해 외국의 법문화와 학풍을 소개함으로써 대외적인 학풍선양에도 기여하게 함을 목적으로 한다.