다단계판매의 개념 및 판단기준에 대한 고찰

• 영문명: A Study on the Definition and Criterion of Multi-Level Marketing
• 발행기관: 한국재산법학회
• 저자명: 정진명(Chung, Jin-Myung)
• 간행물 정보: 『재산법연구』財産法硏究 第27卷 第2號, 349~383쪽, 전체 35쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.10.30

영문 초록

Door-to-door sales etc Act (DDSA) which stipulates door-to-door sales, phone soliciting sales, multi-level marketing (MLM), continuous transaction, and business soliciting transaction was fully revised in 2002. The current DDSA defines as follows; (1) to join membership of the salesperson at multiple levels (requiring at least three levels of salesperson) (2) the second level of salesperson has to be a consumer who buy a good from the first level of salesperson (3) whether salesperson can get retail profits or induce about it. According to this definition, it can be considered as providing of economic advantage (retail profit and support allowance) to salesperson for their sales and recruitment activities. Also, the supreme court stated that people were induced to become salesperson through a share of retail profits and support allowance for product sale and the recruitment of salespersons and this same process was cumulatively repeated over three or more levels, even if the payment of support allowance was not affected by the sales quantities of lower-level salesperson not directly under oneself. However, the illegal MLM companies have not generated their profit from normal business activities. The company has not focused on the consumers who have an experience to use their goods to recruit salesperson. If the company is able to adjust its processing the recruitment of salesperson, it does ot belong to MLM. Accordingly, it can csose unfair results that those illegal MLM companies can not be regulated or punished for its illegitimated MLM activities. It is the key reason that the definitionnnnnnLM is relatively unclear in current DDSA, because the most controversial part nnnDDSA Article 2, Nn.5 is 'retail profit' and 'the consumers nnnfinms (a), in whole or in part'. So, it is necessary to make it complete to regulate effectively. This study aims to inquire into several problems of the MLM regulations in Korean DDSA and to find the amendment of the definition of MLM in DDSA.

목차

Ⅰ. 머리말

Ⅱ. 다단계판매에 대한 외국의 법제

Ⅲ. 다단계판매의 개념 및 판단기준

Ⅳ. 다단계판매 개념 및 판단기준에 대한 개선방안

Ⅴ. 맺음말

키워드

다단계판매 방문판매 피라미드판매 직접판매 네트워크마케팅 후원수당 다단계조직 multi-level marketing door-to-door sales pyramid marketing scheme direct selling network marketing support compensation multi-level structure