不當한 表示.廣告行爲의 成立要件과 類型 = The Formation and Types of Unfair Labelling and Advertising Activities

다국어 초록 (Multilingual Abstract)

Nowadays, labelling and advertising have become the most important marketing measure that businessmen use to promote the sale of their goods and services. However, the unfair and distorted labelling and advertising that might mislead or deceive consumers, or that would decrease competition environment in the market place, would prevent consumers from making a reasonable choice of goods and services, and hinder fair competition in the market. In 1999, Fair Labelling and Advertising Act(called 'FLAA' hereinafter) was enacted to prevent unfair labelling and advertising that may deceive or mislead consumers and to facilitate provision of fair and useful information to consumers, thereby establishing a fair trade order and protecting consumers. FLAA prohibits false or exaggerating labeling and advertising, deceptive labeling and advertising, unduly comparative labeling and advertising, slanderous labeling and advertising. But, FLAA doesn't sufficiently protect consumers from the unfair labelling and advertising, and it can't regulate all of the unfair labelling and advertising activities which would mislead consumers' reasonable choices. Furthermore, FLAA can't relieve the consumers' damage effectively, when the unfair labelling and advertising gives consumers an economic loss. For the reason, FLAA should regulate unfair labelling and advertising more strictly and have articles on responsibilities of labelling and advertising agencies and the media for their unfair labelling and advertising activities.

목차 (Table of Contents)

• Ⅰ. 表示·廣告規制의 必要性
• Ⅱ. 表示·廣告法上의 規制
• Ⅲ. 不當한 表示·廣告行爲의 成立
• Ⅳ. 不當한 表示·廣告行爲의 類型
• Ⅴ. 餘論