Act on the Regulations of Terms and Conditions | |||||
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Regit Date | 2016-08-29 11:01:45 | Count | 215 | ||
Category | Related Law | Effective Date | 2013-05-28 | View Original | |
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ACT ON THE REGULATION OF TERMS AND CONDITIONS
Act No. 3922, Dec. 31, 1986 Amended by Act No. 4515, Dec. 8, 1992 Act No. 5491, Dec. 31, 1997 Act No. 6459, Mar. 28, 2001 Act No. 7108, Jan. 20, 2004 Act No. 7491, Mar. 31, 2005 Act No. 7988, Sep. 27, 2006 Act No. 8632, Aug. 3, 2007 Act No. 8863, Feb. 29, 2008 Act No. 10169, Mar. 22, 2010 Act No. 10303, May 17, 2010 Act No. 10474, Mar. 29, 2011 Act No. 11325, Feb. 17, 2012 Act No. 11840, May 28, 2013
Article 1 (Purpose) The purpose of this Act is to establish sound order in business transactions, and thus to protect Article 2 (Definitions) The terms used in this Act shall be defined as follows: 1. The term "terms and conditions" means the content of a contract that a party to a contract prepares in a specific form in advance in order to enter into a contract with multiple other parties, regardless of their name, type, or scope; 2. The term "business person" means a party to a contract who offers terms and conditions to the other party as the content of the contract; 3. The term "customer" means a party to a contract who has been offered terms and conditions from a business person as the content of the contract. Article 3 (Obligation, etc. to Prepare and Explain Terms and Conditions) (1) A business person shall provide terms and conditions of a contract in Korean and use standardized and systemized terms so that customers can easily understand the details of the terms and conditions, and explicitly indicate important details thereof with signs, color, bold and large letters, etc. so that customers can easily recognize them. (2) When entering into a contract, a business person shall clearly state to his/her customers the 1. Passenger transportation business; 2. Electric utility business, gas business, and waterworks business; 3. Postal service; 4. Telecommunications business that provides public telephone service. (3) A business person shall explain important details provided in the terms and conditions of (4) If a business person enters into a contract, in violation of paragraphs (2) and (3), he/she Article 4 (Precedence of Individual Agreement) If a business person and a customer agree on a matter in a manner that is different from the Article 5 (Interpretation of Terms and Conditions) (1) Term and conditions shall be construed impartially in accordance with the principle of (2) If the meaning of terms and conditions is not clear, it shall be construed in favor of Article 6 (General Principles) (1) Any clause in terms and conditions which is not fair in contrary to the principle of trust (2) Any of the following clauses in terms and conditions shall be presumed to be unfair: 1. A clause which is unreasonably unfavorable to customers; 2. A clause which customers would have difficulty anticipating in light of various circumstances, including the type of transaction the contract represents; 3. A clause which is so restrictive of essential rights under a contract that the purpose of the contract may not be achieved. Article 7 (Prohibition of Exemption Clause) A clause in terms and conditions concerning the liability of contracting parties that falls under 1. A clause which exempts a business person from liability for intentional or gross negligence on the part of the business person, his/her agents, or his/her employees; 2. A clause which limits, without a substantial reason, the extent of indemnification payable by a business person, or which passes a risk to be borne by a business person to a customer; 3. A clause which, without a substantial reason, excludes or limits the warranty liability of a business person, or tightens requirements of customers to exercise the rights under the warranty thereof; 4. A clause which excludes or limits the warranty for the subject-matter of a contract for which a business person has provided a sample, or has indicated the quality, performance, etc. without considerable reasons. Article 8 (Predetermination of Amount of Indemnification) Any clause in terms and conditions which obligates customers to pay unreasonably heavy loss, Article 9 (Cancellation or Termination of Contract) A clause in terms and conditions concerning the cancellation or termination of a contract which 1. A clause which excludes the right of customers to cancel or terminate the contract under Acts, or limits the exercise of such right; 2. A clause which grants a business person the right to cancel or terminate the contract which is not provided for by Acts, therefore might put customers at an unreasonable disadvantage; 3. A clause which mitigates a business person's requirements to exercise the right to cancel or terminate the contract under Acts, therefore might put customers at unreasonable disadvantage; 4. A clause which, without a substantial reason, obligates customers to pay excessive restitution due to cancellation or termination of a contract, or which unreasonably provides for customers to waive their claim to restitution; 5. A clause which unreasonably reduces the restitution obligation of a business person or his/her duty to pay indemnity in the event of cancelling or terminating a contract; 6. A clause in a contract providing for a continuous creditor-debtor relationship which might put customers at an unreasonable disadvantage by providing for a duration that is unreasonably short or long or by allowing implied extensions or renewals of the contract. Article 10 (Performance of Obligations) A clause in terms and conditions concerning the performance of obligations which falls under any 1. A clause which, without a substantial reason, gives a business person power to unilaterally determine or change the details of performance; 2. A clause which, without a substantial reason, allows a business person to unilaterally suspend performance of his/her obligations or imputes performance of his/her obligation to a third party. Article 11 (Protecting Rights and Interests of Customers) A clause in terms and conditions concerning the rights and interests of customers which falls 1. A clause which, without a substantial reason, excludes or limits a customer's rights of defense, offset of damages, etc., which are provided for by Acts; 2. A clause which, without a substantial reason, deprives customers of the right to perform their obligations during a given time; 3. A clause which unreasonably limits a customer's right to enter into contracts with a third party; 4. A clause which, without any justifiable reason, allows a business person to divulge confidential information of customers he/she has obtained in the course of his/her business. Article 12 (Deemed Expression of Intent) A clause in terms and conditions concerning an expression of intent which falls under any of the 1. A clause which provides that once a certain act of feasance or omission has occurred, customers shall be deemed to have expressed or to not have expressed a certain intent: Provided, That this shall not apply where customers are separately notified that if they fail to express their intent within a given period, which is a considerable length of time, the customers shall be deemed to have expressed or not have expressed their intent, or where 2. A clause which imposes unreasonably strict restrictions on the requirements for or the way in which customers may express their intent; 3. A clause which provides, without a substantial reason, that the intent of a business person, which may materially affect the interest of customers, is deemed to have been communicated to customers; 4. A clause which provides for an unreasonably long or indefinite term during which a business person may express his/her intent which may materially affect the interests of customers. Article 13 (Additional Obligations of Agents) If a contract is entered into by the agent of a customer and the customer fails to perform Article 14 (Prohibition, etc. of Filing Lawsuits) A clause in terms and conditions concerning filing, etc. of lawsuits which falls under any of the 1. A clause which prohibits customers from filing a lawsuit unreasonable disadvantageous to them or requires customers to agree to jurisdiction; 2. A clause in terms and conditions which imposes the burden of proof on customers without any justifiable reason. Article 15 (Limitations on Application) With regard to terms and conditions which are commonly used internationally or to which other Article 16 (Special Principle of Partial Nullity) Where the whole or any part of terms or conditions fails to constitute the content of a contract Article 17 (Prohibition on Use of Unfair Clauses in Terms and Conditions) No business person shall include in a contract any of the unfair clauses referred to in Articles 6 Article 17-2 (Corrective Measures) (1) Where a business person violates Article 17, the Fair Trade Commission may recommend (2) If a business person violating Article 17 falls under any of the following subparagraphs, the 1. Where he/she is a market-dominating business person under subparagraph 7 of Article 2 of the Monopoly Regulation and Fair Trade Act; 2. Where he/she enters into a contract by taking unfair advantage of his/her bargaining position; 3. Where the customer has difficulties in amending the terms and conditions of a contract to provide goods or services to the general public due to the urgency and swiftness of entering into such contract; 4. Where it is practically compulsory to include the terms and conditions in a contract because the business person is in a significantly predominating positions as a party to the contract, or the customer has a limited scope to choose other business persons; 5. Where it is impossible to cancel, rescind or terminate a contract in view of the nature or purpose of the contract, or where significant property loss occurs to the customer if the contract is cancelled, rescinded, or terminated; 6. Where loss is incurred or is very likely to be incurred to several customers because the business person fails to comply with the recommendation under paragraph (1) without any justifiable grounds. (3) When rendering a recommendation or an order to correct violations under paragraphs Article 18 (Government-Authorized Terms and Conditions, etc.) (1) If the Fair Trade Commission deems that terms and conditions prepared by an administrative (2) If the Fair Trade Commission deems that the terms and conditions of a bank under the (3) Where a request for correction is filed with the administrative agency pursuant to Article 19 (Request for Examination of Terms and Conditions) (1) A person falling under the following subparagraphs may request for examination as to 1. A person who has legal interests in relation to the terms and conditions of a contract; 2. A consumer organization registered under Article 29 of the Framework Act on Consumers; 3. The Korea Consumer Agency established under Article 33 of the Framework Act on Consumers; 4. A business person organization. (2) A request for examination under paragraph (1) shall be submitted to the Fair Trade Commission either in writing or in an electronic document. Article 19-2 (Change of Subject-Matter of Examination due to Modification of Terms and Conditions) The Fair Trade Commission may change the subject-matter of examination ex officio or upon Article 19-3 (Standard Terms and Conditions) (1) Business persons or trade organizations may develop standard contract terms and (2) Any consumers' organization registered pursuant to Article 29 of the Framework Act (3) The Fair Trade Commission may recommend a business person or trade organization to 1. Where consumers' organizations, etc. request; 2. Where no contract is found to exist or unfair terms and conditions of any contract are found after investigating the circumstances of any loss when the loss is incurred to a large number of customers in connection with certain types of business transactions. (4) Where any business person or trade organizations fail to take necessary measures within (5) The Fair Trade Commission may publish terms and conditions examined or newly developed (6) Business persons and trade organizations recommended by the Fair Trade Commission to use (7) The Fair Trade Commission may prescribe an indication of standard terms and conditions in order to increase the use of standard terms and conditions, and business persons and trade organizations may, if they use standard terms and conditions, use the indication of standard terms and conditions, as published by the Fair Trade Commission. (8) Where any business person or trade organizations use any term or condition different from
(9) Where any business person and trade organizations use the indication of standard terms Article 20 (Investigation) (1) The Fair Trade Commission may conduct an investigation to verify whether terms and 1. Where the investigation is deemed necessary for the purposes of rendering a recommendation or order for correction under Article 17-2 (1) or (2); 2. Where a request is filed for examination of terms and conditions in accordance with Article 19. (2) The public officials conducting an investigation under paragraph (1) shall carry a Article 21 Deleted. Article 22 (Statement of Opinions) (1) Before deliberating on whether the terms and conditions of a contract are in violation (2) The party or interested person who has received notice under paragraph (1) may attend the (3) If terms and conditions subject to examination have been authorized or is to be authorized Article 23 (Disclosure of Unfair Terms and Conditions) The Fair Trade Commission shall disclose via its Internet website a list of the terms and Article 24 (Establishment and Composition of Mediation Committee to Resolve Disputes on Terms and Conditions) (1) In order to mediate the disputes related to terms and conditions which violate Article 17 (2) The Committee shall be comprised of nine members including one Chairperson. (3) The Chairperson of the Committee shall be commissioned by the Chairperson of the (4) When the Chairperson of the Committee is unable to perform any of his/her duties due to (5) Members of the Committee shall be commissioned by the Chairperson of the Fair Trade 1. Any person who has experience in the affairs of fair trade and consumer protection and has served or serves as a public official of Grade IV or higher (including a public official in general service belonging to the senior civil service); 2. Any person who has served or serves as a judge, public prosecutor or who is qualified as an attorney-at-law; 3. Any person who has majored in law, economics, business administration, or studies in the consumer-related fields at a university or college, and has served as an associate professor or in higher rank or a position corresponding thereto at a school or authorized research institute provided for in subparagraph 1, 2, 4 or 5 of Article 2 of the Higher Education Act; 4. Any other person with extensive knowledge on and experience in the affairs related to corporate management and rights and interests of consumers. (6) The term of office of the Committee members shall be three years, and the consecutive (7) When any membership vacancy arises in the Committee, a supplementary member shall be (8) A separate organ for assisting such affairs as meetings, etc. of the Committee shall be Article 25 (Committee Meetings) (1) Committee meetings shall be classified as a meeting organized by all members (hereinafter (2) A sectional meeting shall deliberate and make resolutions on the matters delegated by a (3) A plenary meeting shall be chaired by the Chairperson, and opened in the attendance of a (4) A sectional meeting shall be chaired by a member nominated by the Chairperson, and a (5) Any customer (excluding a customer defined in subparagraph 1 of Article 2 of the Framework Article 26 (Exclusion, Challenge and Abstention of Committee Members) (1) Any member of the Committee who falls under any of the following shall be excluded from the 1. Where a Committee member or a spouse or former spouse of a Committee member becomes a party to the dispute subject to mediation of the relevant matters for dispute mediation or is related thereto as a joint holder of any right or liability; 2. Where a Committee member is or was in a blood relationship with a party to the dispute subject to mediation of the relevant matters for mediation; 3. Where a Committee member or a corporation to which a Committee member belongs performs any consultative or advisory role relating to the legal matters, business administration, etc. of a party to the dispute; 4. Where a Committee member or a corporation to which a Committee member belongs involves or has involved in the relevant matters for dispute mediation as a proxy of a party to the dispute or has given testimony thereto or conducted appraisal thereof. (2) If any ground exists for which it would be difficult to expect impartial mediation by a (3) Any member of the Committee falling under paragraph (1) or (2) may voluntarily abstain from Article 27 (Application, etc. for Dispute Mediation) (1) Any customer who suffers loss due to the terms and conditions which are in violation of 1. Where an investigation is being conducted by the Fair Trade Commission before an application is filed for dispute mediation; 2. Where the contents of the application for the dispute mediation require an interpretation of the terms and conditions or the implementation thereof; 3. Where the affirmative judgement on the terms of conditions is required; 4. Where a lawsuit concerning the relevant matters for dispute mediation is filed with the court; 5. Other cases prescribed by Presidential Decree as inappropriate for dispute mediation. (2) The Fair Trade Commission may commission the Committee to mediate disputes provided for (3) Where an application for dispute mediation is received pursuant to paragraph (1) or Article 27-2 (Mediation, etc.) (1) The Committee may recommend the parties to the dispute to mediate in propria persona or may prepare and present a proposal for mediation. (2) Where necessary in confirming the facts related to the relevant matters for dispute (3) The Committee shall reject an application for the mediation filed in any of the cases falling (4) The Committee shall terminate the mediation process in any of the following cases: 1. Where the mediation is completed by acceptance of the recommendation or the proposal for mediation of the Committee by the parties to the dispute or by mediation in propria persona; 2. Where the mediation is not completed by after the lapse of 60 days (90 days if both parties to the dispute agree to extend the period) from the date such mediation is applied for or commissioned; 3. Where no practical benefit can be expected by proceeding with the mediation process in such cases as a party to the dispute rejects the mediation or files a lawsuit with the court relating to the relevant matters for dispute mediation, etc. (5) Where the application for mediation is rejected pursuant to paragraph (3) or mediation Article 28 (Preparation and Effect of Protocol for Mediation) (1) Upon completing mediation of the matters for dispute mediation, the Committee shall (2) Where the parties to the dispute mediate in propria persona the matters for dispute Article 28-2 (Special Cases concerning Dispute Mediation) (1) Notwithstanding Article 27 (1), with respect to a case prescribed by Presidential Decree as likely to inflict on many customers the same loss with the matters the mediation of which has been completed pursuant to Article 28 or any loss similar thereto, the Fair Trade Commission, any customer or business person may commission or apply for a mediation en bloc of dispute (hereinafter referred to as "collective dispute mediation") to the Committee, (2) Upon commissioning with a collective dispute mediation or receiving an application (3) The Committee may receive applications from customers who are not a party to a collective (4) The Committee may appoint by resolution at least one person who are best fitted for (5) Where a business person accepts the contents of collective dispute mediation of the (6) Where some of the customers who are the party to collective dispute mediation file a lawsuit (7) The period for collective dispute mediation shall be reckoned from the day following the (8) Necessary matters concerning the procedure, etc. of collective dispute mediation shall be (9) The Mediation Agency shall conduct research necessary for invigoration of collective dispute Article 29 (Organization, Operation, etc. of Committee) Matters necessary for the organization, operation, procedures for mediation, etc. of the Article 29-2 (Financial Resources of Committee) The Government shall contribute to the Mediation Agency Committee the expenses necessary for Article 30 (Scope of Application) (1) This Act shall not apply to the terms and conditions of contracts under Part III of the (2) Except as otherwise provided for in any other Act with respect to terms and conditions Article 30-2 (Application Mutatis Mutandis of the Monopoly Regulation and Fair Trade Act) (1) Articles 42, 43, 43-2, 44 and 45 of the Monopoly Regulation and Fair Trade Act shall apply (2) Articles 53, 53-2, 54, 55 and 55-2 of the Monopoly Regulation and Fair Trade Act shall apply Article 31 (Criteria for Authorization or Examination) Where an administrative agency authorizes the terms and conditions of a contract Article 31-2 (Consultants) (1) Consultants may be commission by the Fair Trade Commission if deemed necessary for the (2) Matters necessary for commissioning of consultants under paragraph (1) and other Article 32 (Penalty Provisions) A person who fails to comply with an order under Article 17-2 (2) shall be punished by Article 33 (Joint Penalty Provisions) If the representative of a corporation or an agent, employee or any other servant of a corporation or an individual commits any violation under Article 32 in connection with the business of the corporation or the individual, not only shall such violator be punished, but the corporation or the individual shall also be punished by a fine under the relevant Article: Provided, That the same Article 34 (Administrative Fines) (1) Any of the following persons shall be punished by an administrative fine not exceeding 50 1. A person who uses the indication of standard terms and conditions while using any terms and conditions of a contract different from the standard terms and conditions, in violation of Article 19-3 (8); 2. A person who refuses, interferes with or evades an investigation under Article 20. (2) Any of the following persons shall be punished by an administrative fine not exceeding 1. A person who fails to clearly state to his/her customers the terms and conditions of a contract or fails to deliver a copy of them to his/her customers, in violation of Article 3 (2); 2. A person who fails to explain the important details of the terms and conditions of a contract, in violation of Article 3 (3); 3. A person who fails to indicate the major differences between the terms and conditions of a contract and the standard ones in a manner that customers can easily understand, in violation of Article 19-3 (6). (3) Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Fair Trade Commission.
ADDENDA Article 1 (Enforcement Date) This Act shall enter into force on July 1, 1987. Article 2 (Transitional Measures) This Act shall be apply to contracts entered into under terms and conditions on and Article 3 (Transitional Measures concerning Continuous Contract) This Act shall apply to the part of a contract to be executed after this Act enters into ADDENDA (1) (Enforcement Date) This Act shall enter into force on March 1, 1993. (2) (Transitional Measures) A recommendation for correction issued by the Minister of the Economic Planning Board or a request for examination filed with the said Minister in accordance with the former provisions at the time this Act enters into force shall be deemed a recommendation for correction issued by the Fair Trade Commission or a request for examination filed with the said Commission under this Act.
ADDENDA Article 1 (Enforcement Date) This Act shall enter into force on April 1, 1998. Articles 2 through 8 Omitted.
ADDENDA (1) (Enforcement Date) This Act shall enter into force on the date of its promulgation. (2) (Applicability) The amendments to Article 17-2 (2) 6 shall be applicable to contracts entered into on or after this Act enters into force.
ADDENDA (1) (Enforcement Date) This Act shall enter into force on the date of its promulgation. (2) (Transitional Measures concerning Standard Terms and Conditions) Any standard terms and conditions examined by the Fair Trade Commission in accordance with the former provisions at the time this Act enters into force shall be deemed standard terms and conditions ADDENDUM This Act shall enter into force on the date of its promulgation.
ADDENDA Article 1 (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. (Proviso Articles 2 through 13 Omitted.
ADDENDUM This Act shall enter into force on the date of its promulgation.
ADDENDA Article 1 (Enforcement Date) This Act shall enter into force on the date of its promulgation. Articles 2 through 5 Omitted. ADDENDUM This Act shall enter into force on the date of its promulgation.
ADDENDA Article 1 (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. (Proviso Articles 2 through 10 Omitted.
ADDENDUM This Act shall enter into force three months after the date of its promulgation.
ADDENDUM This Act shall enter into force six months after the date of its promulgation.
ADDENDUM This Act shall enter into force on the date of its promulgation.
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