Current Status and Challenges of Protecting Foreign Consumers in Korea : A Comparative Legal Review

This study examines the current status and challenges of protecting foreign consumers residing in Korea, with a focus on comparative legal analysis. The protection of foreign consumers extends beyond the expansion of administrative services, forming a critical component of social integration and the effective implementation of the law. Germany and Japan have already established institutional frameworks to implement systematic policies, offering valuable comparative insights. In the Korean context, the Framework Act on Consumers and sector-specific legislation should be utilized to ensure substantive guarantees of foreign consumers’ rights. In particular, the Framework Act on Consumers should explicitly incorporate the protection of foreign consumers, establishing statutory obligations for information provision, consultation, and damage relief to secure the continuity and enforceability of policy measures. The rationale for such protection lies not in a lack of legal capacity but in information asymmetry arising from language and cultural barriers. As such, foreign consumer protection should be addressed through tailored institutional measures rather than through the substantive framework governing legal incapacity. This includes institutionalizing multilingual information provision and consultation services under special trade laws to remove procedural barriers from the contractual stage to dispute resolution. Furthermore, all foreigners should be encompassed within the definition of “consumer,” and swift, effective remedies should be guaranteed regardless of residency status. Such measures should be implemented through a long-term, integrated approach within a comprehensive policy framework, thereby fostering social integration and ensuring a non-discriminatory consumer environment.