부당한 표시·광고의 규제에 관한 연구

Abstract

It is very important for the protection of consumers to prevent unfair labelling and advertising that may deceive or mislead consumers. The purpose of「Fair Labeling and Advertising Act」(hereinafter ‘the Act’)which was legislated in 1992 is to protect consumers by facilitating provision of fair and useful information to consumers. According to Art. 3(1), enterprises shall not post labels or advertisements as set forth in the followings that may deceive or mislead consumers, thus impairing fair trade order, nor shall they force other enterprises to do so. The misrepresentation of any fact so long as it materially induces a purchaser's decision to buy is a deception prohibited by the Act. An actual deception needs not be shown and a finding of a tendency and capacity to deceive and mislead will suffice. Unfair labeling and advertising impair fair trade order in itself and needs not be proven separately. There are the four types of unfair labeling and advertising prohibited by the Act. The first is false or exaggerating labeling and advertising, which means untrue labelling or advertising or labelling or advertising that exaggerates facts. The second is deceptive labeling and advertising, which means labelling or advertising that is made in a way that covers up or downplays facts. The third is unduly comparative labeling and advertising, which means labelling or advertising which claims that its goods or services is superior or advantageous to those of other enterprises by making comparisons without presenting criteria for and objects of comparison or by make comparisons without objective criteria. The fourth is slanderous labeling and advertising, which means labelling or advertising that discredit other businessmen or goods, etc. of other enterprise without objective ground or by highlighting only unfavorable facts of such goods, etc. Korean Fair Trade Commission(hereinafter ‘KFTC’) has been tried to prevent unfair labelling and advertising and to protect consumers by enforcing the Act strictly. Especially after Mar. 28, 2007, when the new 「Framework Act on Consumer」 was enforced, KFTC has emphasized the importance oh the Act for the fair trade order as well as for protection of consumers. However, KFTC needs to clarify the objective criteria for judging the unfairness of labelling and advertising.