A Comparative Study on Consumer Protection Legislation in Mongolia and South Korea
- A Comparative Study on Consumer Protection Legislation in Mongolia and South Korea
- Seo Young LEE; Nanzaddorj LUNDENDORJM; Ayush ARIUNBOLD; Temuulen BATAA; Sodnom DOLJIN; Insook Yoo
- Publication Year
- Mongolia; Korea; Consumer protection law; Product liability law; Competition law
- Research Report
- 법제교류 연구, 13-21-6
- Ⅰ. Purpose and Scope of Research
□ This research aims to examine the consumer protection legislations of Mongolia and South Korea and provides a comparative analysis between the two, in order to derive implications and lessons for emerging economies, such as Mongolia, in which the legal concept of consumer protection and relevant laws are adopted but still requires further legislative measures in order to achieve consumer protection.
□ This research primarily look into and analyzes Mongolia's legal framework on consumer protection legislation, enforcement mechanism, and dispute resolution methods, and then conducts a comparative analysis with those of South Korea in order to derive lessons for Mongolia's consumer protection legislation system.
Ⅱ. Research Content
□ Consumer protection legislation in Mongolia
○ The concept of consumer protection developed in relation to economic growth in Mongolia, and this development process may be reviewed in chronological order as categorized as the initial period, formation period, growth period, and the new era as Mongolia moved from nomadic economy to market economy.
○ The primary consumer protection legislation in Mongolia includes the Consumer Protection Law, Competition Law, and the Civil Law. While these laws provide definitions and principles for key legal concepts in consumer protection, their non-uniformity hinders effective enforcement which calls for substantial amendment and improvement.
○ Consumer protection policy enforcement mechanism in Mongolia include the AFCCD, whose role is to protect consumer rights and promote a competitive and fair market environment; however this agency requires capacity building and reinforcement of human resource.
○ Violation of consumer protection legislation is inspected by a government agent, the Division of Protection of Consumer Rights, which has detected increasing number of violations and fined violators. However, Mongolian laws lack specific provisions of product liability compensation, and the quality of products remains as the main source of complaints.
□ Comparative Analysis with Consumer Protection Legislation in South Korea
○ Legal framework of consumer protection legislation in South Korea consists of the Consumer Protection Act, consumer transaction legislation such as the Regulation of Standardized Contracts Act and the Door-to-Door Sales etc. Act, the Installment Transaction Act, the Act on Fair Labeling and Advertising, the Product Liability Act, and the Act on the Electronic Commerce Transaction, etc. Korea has been consistently amending these laws and timely enacted new laws to suit its consumer environment and market.
○ Consumer protection policy enforcement mechanism in South Korea includes the Fair Trade Commission and Korea Consumer Agency.
○ Consumer disputes in South Korea are resolved through various ways, including collective dispute settlement and lawsuits by consumer organizations.
○ Comparative analysis on consumer protection legislation in Mongolia and in South Korea reveals that although South Korea also is struggling with its own issues and has shortcomings in its consumer protection legislation, it has enacted necessary laws and has been amending them to suit its own market and consumers' needs. In comparison, while Mogolia also has adopted the concept of consumer protection and taken legislative measures and established enforcement mechanisms, it still needs to amend and reinforce its laws in order to truly protect consumers' rights.
Ⅲ. Expected Effects
□ This research provides analytical information consumer protection legislation of Mongolia and South Korea, including key issues in, and differences between, the two countries, which may be utilized by foreign business operators and legislative researchers.
□ The outcome of this research may be utilized as basic information for international trade and business, as well as consumer protection law research.
- Table Of Contents
- Chapter 1. Introduction 11
Chapter 2. Consumer Protection Legislation in Mongolia 15
Chapter 3. Comparative Analysis with Consumer Protection Legislation in South Korea 45
Chapter 4. Conclusion 69
Supplement A: Key Legal Phrases Table 77
Supplement B: Consumer Protection Law of Mongolia(English version) 79
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