Consumers have rights and responsibilities as consumers.
Concept of the "consumer"
- The term "consumer" refers to persons who use (including utilization; hereinafter the same shall apply) the goods and services (including facilities; hereinafter the same shall apply) provided by business entities in their daily lives as consumers or for their production activities. (Article 2(1), 「Framework Act on Consumers」 and Article 2, 「Enforcement Decree of the Framework Act on Consumers」)
· A person who ultimately uses the provided goods, etc. However, those who use the provided goods as raw materials (including intermediate goods), capital goods, or other similar purposes related to production activities are excluded.
· A person who uses the provided goods for agriculture (including livestock) and fishing activities. However, persons who engage in deep sea fishing with permission from the Minister of Oceans and Fisheries pursuant to Article 6 (1) of the 「Distant Water Fisheries Development Act」 are excluded.
Consumer’s basic rights
- Consumers shall have the fundamental rights as provided in the following. (Article 4, 「Framework Act on Consumers」)
· The right to be provided with the knowledge and information required for selecting goods, etc.
· The right to freely choose the counterparty to a transaction, the place of purchase, the price, and the terms of the transaction when using the goods.
· The right to reflect their opinions on policies of the state and local governments and the business activities of business operators that affect the life of consumers.
· The right to reflect their opinions on policies of the state and local governments and the business activities of business operators that affect the life of consumers.
· The right to receive appropriate compensation for damages caused by the use of goods, etc. according to a prompt and fair procedure.
· The right to receive the education required to be able to lead a rational consumer life.
· The right to organize and act through consumer protection organizations to promote their own rights and interests.
· The right to consume goods and services in a safe and comfortable environment.
Consumers’ responsibilities
- Consumers shall make the right choice of goods, etc. and exercise justly their fundamental rights as provided in Article 4 by recognizing themselves as the main constituents of the free market economy with business entities, etc. (Article 5(1), 「Framework Act on Consumers」)
- Consumers shall endeavor to acquire the knowledge and information necessary to promote their own rights and interests. (Article 5(2), 「Framework Act on Consumers」)
- Consumers shall engage in resource-saving and environmentally-friendly consumption independently and rationally, and thereby play a positive role in improving their lives as consumers and developing the national economy. (Article 5(3), 「Framework Act on Consumers」)
Various consumerprotection systems have been established.
Provision of information to consumers
- The State and local governments shall ensure that important policies and decisions related to consumer rights and interests are made known to consumers so that their fundamental rights can be realized. (Article 13(1), 「Framework Act on Consumers」)
- The State and local governments shall formulate policies to ensure that business entities provide consumers with all necessary information relating to the methods and terms of transactions, quality, safety, environmental-friendliness, etc. of goods and services so as to enable them to choose goods, etc. on a rational and informed basis. (Article 13(2), 「Framework Act on Consumers」)
Protection of the vulnerable
- The State and local governments shall preferentially adopt measures to protect the safety-vulnerable segments of the population, such as children, older persons, the weak and infirm, persons with disabilities, and immigrants by marriage (referring to immigrants by marriage as defined in subparagraph 3, Article 2 of the 「Framework Act on the Treatment of Foreigners Residing in the Republic of Korea」). (Article 45(1), 「Framework Act on Consumers」)
- In selling, advertising or offering goods, etc. to the safety-vulnerable segments of the population, such as children, older persons, the weak and infirm, persons with disabilities and immigrants by marriage, business entities shall take all necessary preventive measures to protect such persons from danger and injury. (Article 45(2), 「Framework Act on Consumers」)
Request for correction, etc.
- Where the goods, etc. supplied by a business entity are anticipated to cause any danger or injury to consumers, the Fair Trade Commission or a Mayor/Do Governor may request the head of the relevant central administrative agency to take the following measures. (Article 46(1), 「Framework Act on Consumers」)
· If the business operator does not take the safety measures prescribed by other laws, measures may be taken in accordance with the provisions of those laws.
· If safety standards or standards are not stipulated in other laws, the following measures may be taken:
√ Recommendation of collection and destruction, etc. of goods etc. pursuant to Article 49 of the 「Framework Act on Consumers」.
√ Orders for the collection, destruction, etc. of goods etc. under Article 50 of the 「Framework Act on Consumers」.
√ Imposition of a fine for negligence under Subparagraph 1, Article 86(1) 1 of the 「Framework Act on Consumers」.
· Other measures that may be taken to prevent harm to goods, etc.