유럽연합(EU)에서 소비자에 대한 사업자의부 당거래행위 규제에 관한 연구 -유럽연합의 관련지침과 독일의 국내입법을 중심으로-

초록

The principle of private autonomy (Privatautonomie) is the most essentialin the private law. This principle also applies to trade activities betweentraders and consumers. However, it can result in going against substantialjustice of contract that a trader who accumulates a lot of information andthe know-how by repeating trade activities with a number of customers fora long time and a consumer who trades one-off or sporadically are dealt inequal status. In fact, consumers who do not have information about thegoods or services due to trader’s small trickery will experience a significantdisruption in the judgment as to trading. In order to correct this problem, avariety of special laws has been enacted and implemented to protectconsumers from traders in addition to the basic law such as civil law inmany other countries including Korea. In particular, the European Union isassimilating civil law and economic law of the member states through thedirectives in order to realize the common market made up of memberstates. The notion of consumer protection is situated in the center of suchdirectives. Especially, the European Union is pushing forward to harmonizethe laws of the member states to protect consumers from unfair tradepractices of traders by creating a specific type of prohibited practices as“blacklist” in the directives. The representative directives are UnfairTerms Directive and Unfair Commercial Practices Directive . This articleseeks implications of our law by searching legislative efforts to regulateunfair trade practices of traders for protecting consumers in the EU mainlyfocused on these two directives and accompanying legislative changes by transposition of these directives into domestic civil law(BGB) and unfaircompetition prevention law(UWG) in Germany.

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