결함차 환불해준다…’한국형 레몬법’ 총정리

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【카미디어】 장진택 기자 = 내년 1월1일부터 우리나라에도 ‘자동차 교환-환불 제도’가 시행됩니다. 결함이 있는 차를 자동차 회사가 환불이나 교환해주도록 한 법이 생기는 겁니다. 아래 주요 내용을 정리했습니다.

□ 어떤 차를 교환-환불해 준다는 겁니까?
내년 1월1일 이후에 산 자동차(신차) 중, 동일한 하자가 계속 발생하면 자동차 회사가 신차로 교환이나 환불을 해줘야 합니다. 구체적으로, 신차 구입 후 1년 이내에 중대 하자 2회, 일반 하자 3회 수리하고도 하자가 해결되지 않거나, 누적 수리 기간이 30일을 초과한 경우에 신차 교환이나 환불해 주게 됩니다.

□ 신차 가격 그대로 환불해주나요?
아닙니다. 차량의 총 주행거리를 15만km로 보고, 해당 차 주행거리에 따라 환불액을 산정합니다. 예를 들어 5만km 주행한 차를 환불해줘야 한다면 ‘5만/15만’으로 계산해 신차 가격의 1/3을 제외한 2/3을 환불하는 식입니다. 여기에 신차 취득세와 번호판대 등의 필수 비용을 더해서 환불해주게 됩니다.

□ 내년 1월1일부터 판매된 모든 신차에 해당됩니까?
자동차 하자 정보가 부족한 개인 소비자를 보호하는 법입니다. 버스나 택시, 렌트카 등, 사업용으로 운행하는 차량은 이번 법에 포함되지 않습니다. 법인에서 운행하는 업무용차도 해당되지 않고. 리스나 장기렌터카 등도 포함되지 않습니다. 개인을 우선적으로 돕는 법입니다. 개인 명의로 구입한 소비자가 주된 대상이고, 개인사업자의 경우 소유한 차 여러 대 중 1대만 해당됩니다.

□ 리스나 장기렌터카가 해당 안 되는 건 좀 의아하네요
법적 능력이 부족한 개인을 돕기 위해 마련된 법입니다. 리스나 장기렌터카 등은 리스 회사, 렌터카 회사 등을 통해 법적으로 처리하는 쪽으로 보는 것 같습니다.

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□ 소비자가 자동차 회사와 직접 싸워야 하나요?
내년에 ‘자동차안전하자심의위원회’가 생깁니다. 자동차, 법학, 소비자보호 전문가 등으로 구성된 곳으로, 해당 차량의 교환-환불 여부를 판단하는 곳입니다. 소비자는 이곳에 차량 수리내역 등의 서류를 제출해 중재를 신청하고, 이곳의 판단에 따라 교환-환불 조치가 진행됩니다. 물론, 이 과정에서 자동차 회사가 불복하는 경우가 생길 수 있긴 합니다.

□ 중대한 하자는 뭐고 일반 하자는 뭔가요?
주로 동력전달장치(엔진과 변속기 등), 조향 및 제동 장치, 그리고 주행-조종-완중-연료공급 장치, 주행에 관련된 전기-전자장치, 차대 등이 중대한 하자에 해당하는 부위입니다. 이걸 제외한 건 일반 하자에 해당 되겠죠.

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□ ‘한국형’ 레몬법이 ‘미국형 레몬법’과 다른 점이 있나요?
미국 레몬법을 국내에 도입한 것으로, 기본적인 취지도 비슷하고, 적용 방식도 비슷합니다. 다만 미국에서도 각 주마다 레몬법이 다릅니다. 어디서는 ‘3번 수리’이고, 어디서는 ‘4번 수리’이고, 어디서는 구입 후 ‘1년 이내’인데, 어디서는 ‘2년 이내’이기도 합니다.

□ 그런데, 왜 ‘레몬법’이라고 하나요?
“달콤한 오렌지를 샀는데, 나중에 보니 시큼한 레몬이었다. 이럴 경우 판매자가 마땅히 교환-환불해줘야 한다”는 것에서 유래된 용어입니다. 미국에서는 결함 있는 차를 ‘레몬’이라 부르기도 합니다.

jt@carmedia.co.kr
Copyrightⓒ 자동차전문매체 《카미디어》 www.carmedia.co.kr

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