신용카드거래의 법리적 연구

Abstract

The government is recently propelling an activation policy positively as the activation of the tax standard of the independent businessman to dissolve tax burdens unfairness of the labor income earner, a Credit Card receipt lottery ticket system, an income tax reduction and exemption favor about a Credit Card Usage. According to a Credit Card Usage activation policy of the government like this, A Credit Card Usage is enlarged sharply to active marketing of the Card Issing Company. The rate of which a Credit Card Usage among the expenditure of the private consumption occupies is expanding greatly since 1999. But many evil appeared as a Credit Card Usage was generalized and enlarged. The Credit Card dispute also is occupying most among an every kind of finance dispute. In modern economy life, Credit Card has made radical quannntitative and qualitative expansion to the extent that it settled as indispensable important settlement means now. In connection with this Credit Card, law which prescribed the administrative control for the company of Credit Card and the criminal disposal for the crime around Credit Card etc. exists. Then, it is present real situation that there is not the law to include the private legal law relation of the transactions of Credit Card. It cannot help depending on the interpretation theory of civil law, commercial law, and other special law, but sometimes, these laws seem to be unsuitable for the extraction of rational conclusion to reflect the speciality of the transactions of Credit Card. Credit specialiged financial business act don't provide about administrative supervision, business compass of Credit Card company and legal protection on the consumers. After all Credit Card transactions do business with unfair stipulation by Credit Card company. Credit Card company imposes highly service charge on the consumers, expressly card loan, and fosters over consumptions. Meanwhile the result brings on credit inferiority on the consumers and strikes a blow on the state economy, effectively becomes influential social problems. For this purpose, the thesis will introduce the definition of Credit Card, Credit Card transaction in credit community. In chapter three, analyzes legal relations of consumer, a member shop and Credit Card company. In chapter four, makes a special study of point at issue of Credit Card transaction and its plans of improvement. In chapter five, in conclusion, this thesis exhibites the legislative proposal about institutional inertia of Credit Card transactions law and guides a right way that consumer uses Credit Card. Moreover, this thesis emphasizes that Credit Card company and consumer must know the consequence of Credit Card in modern credit society. It is regulated individually the problem on the legal of the Credit Card transaction by the Credit Card Act, the Clause Regulation Act, the Credit Information Act. But in reality, most of the law relations are controlled by the Cardholder clause which the Card Issuing Company fills. Consequently it is desired the consolidation of a Credit Card transaction relation law or all individual Cardholder clause of the card issuing company to be unified is desired. Through this, it is need to do the responsibility range of transaction parties explicitly on the problem of the Credit Card transaction. And it is corresponded the principle of the modern law to be social distribution. As a result, it may be expected the establishment of faithful credit society as to protect many good cardholder.