특수거래에 있어서 소비자의 청약철회권에 관한 연구

• 영문명: A Study on the Consumer s Withdrawal of an Offer in Special Transactions
• 발행기관: 한국민사법학회
• 저자명: 고형석(Ko, Hyoung-Suk)
• 간행물 정보: 『민사법학』제29호, 323~361쪽, 전체 39쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2005.09.30

영문 초록

The relation between Business and Consumer is unequal because business is superior to consumers in informations, economic power, decision of an agreement and others. Therefore, Installment Transactions Act, Door-to Door Sales, etc. Act and Consumer Protection Act on Electronic Transaction were enacted to protect consumers in special transactions. The consumer withdrawal of an offer is at the heart of these Acts. But these Acts provisions on withdrawal of an offer contain various problems. Therefore these Acts provisions must be amended as following; (1) Legal terms of seller and buyer, parties in installment transactions must be changed into business and consumer. Also, a subordinate salesperson who buys goods from a multilevel sales person must be included among a multilevel sales person recognized as consumer. (2) The Installment Transactions Act does not apply to dealings in digital contents because this Act is apply to dealings in movable property or service. Therefore movable property on this Act must be changed into goods. Also, a phrase of transaction to sell commodities and food in surrounding area on the Consumer Protection Act on Electronic Transaction article 3 (4) must be deleted because consumer cannot easily perceive a transaction to sell in surrounding area and the meaning of words are ambiguous. (3) Consumer in installment transactions or multilevel sales person shall withdraw an offer within the period that is 7 days from the day receiving a written document or 3 months from the date when the contract was concluded. But the delivery of object is necessary for consumer to judging an intention of purchase. Therefore, the period to withdraw an offer must be changed into 7 days from the day receiving a written document and objects. When the contents of goods and etc. are different from those of labeling and advertising, consumers shall withdraw an offer within 3 months from receiving the goods, or within 30 days from the day they know or could know the fact. But if consumers receive a written document which does not mark address of a business, or if consumers cannot withdraw their offer due to changes of address of a business, consumers cannot withdraw their offer within 3 months or within 30 days. So the provision of Consumer Protection Act on Electronic Transaction article 17 (1) 2. or Door-to Door Sales, etc. Act article 8 (1) 2. shall be applied to this case. (4) It is necessary to establish the provision that business shall claim the payment of the amount to consumers, which amounts to the benefits that consumers get and the costs that are consumed for a movable property or service if consumers withdraw an offer on the grounds of changing their intention of purchase in the installment transactions. Also, It is necessary to establish a provision that business shall provide consumers with the delayed interests calculated by multiplying delayed interest rates if they delay the reimbursement of payment of a movable property or service to consumers in the installment transactions. (5) If business does not reimburse the payment to a payment service provider without any justifiable reason on Door-to Door Sales, etc. Act and Consumer Protection Act on Electronic Transaction, consumers shall request a payment service provider to set off the amount to be refunded against other debts about the price amount that should be reimbursed. But these provisions must be amended as following. Consumers who withdrew an offer may send a written statement expressing the intention of withdrawal to a payment service provider within the period when consumers could withdraw an offer. In this Case, consumers can object to the demand for payment by a payment service provider if business does not reimburse the payment to a payment service

목차

Ⅰ. 서론

Ⅱ. 특수거래와 청약철회권의 개관

Ⅲ. 청약철회권의 발생요건과 배제사유

Ⅳ. 청약철회권의 행사방법 및 행사기간

Ⅴ. 청약철회권의 효력발생시기 및 행사의 효과

Ⅵ. 법령상의 문제점과 개선방안

Ⅶ. 결론

키워드

소비자보호 청약철회권 할부거래 방문판매 전화권유판매 다단계판매 통신판매 전자상거래 Consumer Protection Withdrawal of an Offer Installment Sale Door to Door Sale Telephone- based solicitation sales Multilevel sales Mail Order Sale Electronic Commerce