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| TITLE | Supreme Court Decision 2008Du23184 Decided October 14, 2010[Revocation of Resolution to Amend Standard Contract] [full Text] |
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| Summary | |
| [1] Whether an ""act of recommending the use of standard contracts"" by the Fair Trade Commission can be subject to appeal litigation (affirmative) [2] Elements required for ""recommendation to apply for examination of a standard contract"" pursuant to Article 19-2 (3) of the former Regulation of Standardized Contracts Act [3] Criteria to determine whether a clause can be defined as being unfair under Article 19-2 (3) of the former Regulation of Standardized Contracts Act [4] Where the Fair Trade Commission of Korea received a recommendation from the Korea Consumer Agency to amend certain portions of standard contracts related to bank loan transactions which were unfavorable or provided insufficient protection to consumers, and amended parts of current standard contracts and recommended their use to the Korea Federation of Banks, the judgment below committed an error in law by misapprehending legal principles about determination criteria for the unfairness of standardized contract clauses, under the premise that contract clauses within current standard contracts related to bank loan transactions cannot be judged unfair in themselves, and that practices of transaction cannot be taken into consideration when determining the fairness of a contract clause | |
