품질보증과 관련한 최근 판례의 동향 및 시사점 = A study on the recent court cases and Review of Warranty

다국어 초록 (Multilingual Abstract)

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 (Table of Contents)

• Ⅰ. 들어가는 말
• Ⅱ. 품질보증책임과 최근 판례와 동향
• Ⅲ. 품질보증의 법리적 고찰
• Ⅳ. 시사점 및 법제개선방안
• Ⅴ. 맺는 말
• 참고문헌
• Abstract

참고문헌 (Reference)

1 주지홍, "품질보증책임(warranty)의 법적 성격" 법학연구소 55 (55): 237-261, 2014

2 손영화, "품질보증제도 개선에 관한 연구" 한양법학회 (20) : 303-334, 2007

3 김성천, "품질보증의 비교법적 고찰" 한국외국어대학교 법학연구소 11 : 2001

4 주지홍, "영미법상 계약당사자관계(privity)원칙의 예외 확대적용에 관한 비교법적 검토" 법학연구소 51 (51): 55-89, 2010

5 김성천, "소비재품질보증법의 입법에 관한 연구" 법학연구소 6 (6): 401-446, 2012

6 가정준, "미국 계약법상 물건에 대한 warranty와그 책임" 한국비교사법학회 21 (21): 1255-1286, 2014

7 양형우, "매도인의 하자담보책임과 제조자의 품질보증" 5 (5): 1998

8 한국소비자원, "2014 소비자피해구제 연보 및 사례집" 2015

9 이병준, "2014 소비자법 판례의 동향" 2015

10 한국소비자원, "2013 소비자피해구제 연보 및 사례집" 2014

11 한국소비자원, "2012 소비자피해구제 연보 및 사례집" 2013