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Following is the answer to your inquiry from Customized Practical Law Information.
Consumer Dispute Settlement
□ Where the business rejects discussion
○ Where a business rejects discussion about the consumers’ complaint or denies a request for compensation, the consumers may ask the Consumer Affairs Center of their local government, the Korea Consumer Agency, or a consumer organization for remedial measures, or file a lawsuit for a small claims case, payment order, civil conciliation or civil suit.
※ Using consumer consultation bodies
You may receive assistance on adequate ways of coping with your situation or compensation for loss and damages through a remedial measure or dispute settlement at the Consumer Consultation Center
[Telephone consultation (☎ 043-880-5400 Consultation for foreigners, available languages: Chinese, English, Vietnamese, Japanese, Mongolian, etc.) or Internet consultation (http://www.ccn.go.kr)], relevant bodies of local governments or consumer organizations.
□ Settlement with assistance from the Fair Trade Commission or local governments
○ Consumer damages settlement organization
- The State and local governments are operating organizations for consumer damage relief, and the Fair Trade Commission has developed and is operating an general consumer support system so as to settle promptly and fairly the complaints issued by the consumers (Articles 16(1) and 16-2(1) of the 「Framework Act on Consumers」).
- Where a request for relief in an electronic commerce transaction or mail order is filed by a consumer, the Fair Trade Commission, Mayor/Governor, or the head of a Si/Gun/Gu, before making a recommendation for correction or taking corrective measures, may request for a mediation organization dedicated to resolution of disputes over consumer damage (Article 33(1) of the 「Act on the Consumer Protection in Electronic Commerce Transactions, etc.」 and Article 35 Subparagraph 4 of the 「Enforcement Decree of the Act on the Consumer Protection in Electronic Commerce Transactions, etc.」).
□ Settlement through the Korea Consumer Agency or the Consumer Dispute Mediation Committee
○ The Korea Consumer Agency or the Consumer Dispute Mediation Committee
- The Korea Consumer Agency operates for an efficient and fair promotion of the consumers' rights and interests (Article 33 of the 「Framework Act on Consumers」).
- The Korea Consumer Agency strives to help consumers receive proper compensation for the damages incurred in a range of goods like clothes, household goods, and automobiles, in addition to services provided in travel, educational, and cultural sectors, and profession areas like finance and medical services.
- Upon the consumers’ application for remedial measure for damages incurred, the Korea Consumer Agency recommends that disputes be settled through an agreement between the parties. If an agreement is not reached, the Consumer Dispute Settlement Commission of the Korea Consumer Agency will decide on mediation.
□ Request for compensation for loss and damages
○ In-court settlement
- If the loss and damages incurred are not settled with the business, the consumer may pursue an in-court settlement for a small claims case, payment order or civil conciliation. As a final resort, the consumer may file a civil suit.
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