품질보증과 관련한 최근 판례의 동향 및 시사점

• 영문명: A study on the recent court cases and Review of Warranty
• 발행기관: 충북대학교 법학연구소
• 저자명: 이종구(Lee Jong Koo)
• 간행물 정보: 『법학연구』第26卷 第2號, 587~611쪽, 전체 25쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2015.12.30

영문 초록

By Supreme Court Decision 2012Da72582 decided May 16, 2014, the Supreme Court decided that The Rules of Law on Warranty Liability in Contracts. There are also consumer goods caused or complicated and evolved into a new type of rapid development has been released providers and consumers of manufacturing technology and advanced science and technology in a variety of consumer goods between. There also caused to consumers of goods or merchandise does not meet the agreement and marketing strategy, operators and consumers, in order to attract companies to damage their hasty product development and consumer contract terms. Product does not comply with the agreement and marketing strategy, operators and consumers, in order to attract companies to damage their hasty product development and consumer contract terms. Therefore, in the past to deal with this changing reality, it has developed a variety of consumer protection law interests as a special law to protect the rights and consumers and enforcement in Korea. However, this is mainly protected areas are concentrated in the interests of protection against life, body or property risk goods Fire safety deficiencies consumer protection arising therefrom, namely articles missing goods or services, contracts for the consumer There is relates to compliance with consumer protection and quality assurance or let us rely on the relevant provisions of its civil law and commercial law, the general rule would not be an exaggeration to evaluate a problem. warranty in the U.S. is nothing but for the scope of contractual liability focusing on the consumer damage awards. If the warranty is very strict interpretation of jurisprudence in order to meet our legal system to our country, human balance sellers and buyers become sober, because they do not recognize accredited buyers protection to ensure a plurality of legal principles of information, so buyer, it can only be used against you. Therefore, if the seller and the best balance of humanity purchase foreign legal system to achieve these same systems imported flexibly interpret legal principles, so that, when run within our legal system may be the best balance between sellers and buyers of human under implementation, but also for them it should be functioning legal measures provide background will be considered for judicial operations.

목차

Ⅰ. 들어가는 말

Ⅱ. 품질보증책임과 최근 판례와 동향

Ⅲ. 품질보증의 법리적 고찰

Ⅳ. 시사점 및 법제개선방안

Ⅴ. 맺는 말

참고문헌

Abstract

키워드

계약 소비자보호법 소비자피해 품질보증 품질보증책임 품질보증의무 취소권 Contract Consumer Protection Consumer damage Warranty liability of warranty duty of warranty Right to Cancel