Legal Measures in Creating Contractual Bargaining Power of the Consumers

Abstract

This research aims to study the concept, theory of consumer protection and legal measures to create bargaining power of consumers in contracts, study the laws, facts, and sociological problems of law regarding bargaining power of consumers in contracts, and to find guidelines and legal measures and suggestions for improving the consumer protection law in contracts and related laws by conducting qualitative research, document research, and in-depth interviews.

The research results found that in determining legal measures to create bargaining power of consumers in contracts, the framework for considering the creation of bargaining power of consumers can be set in 2 issues as follows: 1) Measures to create bargaining power of consumers before entering into a contract, contract enforcement, 2) Measures to create bargaining power of consumers in terms of filing, proving, and claiming damages and compensation. From the research results on creating bargaining power of consumers in both of the above-mentioned issues, they are measures that the Consumer Protection Act, the Consumer Procedure Act, and the Unfair Contract Act have stipulated as 3 provisions. However, in practice, it must be considered that the Consumer Protection Act in Contracts is not only a legal measure, and government officials have the duty to implement legal measures only. The state should set guidelines or principles for creating good working relationships between agencies in accordance with the relevant laws in order to protect consumers.