지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
Discussions over amendment of some parts, such as commodity specification system, scope of call sales application and distributor, discussion over mediators and lawsuits by consumer groups, of the call sales act in Japan are focused on the aspect of consumer protection. In Korea, amendment of call sales law is also discussed in terms of reinforcing consumers’ protection with a focus on
consumers’ right to withdraw subscription and bringing in a lawsuit by consumer groups.
As for Korea’s consumers’ right to withdraw subscription, the period for exercise of the right is limited to 14 days. If the period for exercise of the right to withdraw subscription is provided for longer than 14 days at individual agreement made between the parties, the period for exercise of the right for the agreement shall be longer than 14 days as provided for in the individual agreement, while if the period for exercise of the right is provided for shorter than legal period, the period for exercise of the right for the agreement shall be
substituted with the legal period in a way to protect consumers.
The basic consumer law can be construed that a lawsuit can be filed by a consumer group in the event that a multitude of consumers have been damaged due to indications, advertisement, improper transaction or breach of law and regulations regarding personal information by business and it is necessary to protect for public interest. According to the provision of the basic consumer law, if a damage caused by a call sale meets the requirements, a consumer group can file a lawsuit. Viewed from the aspect of the reinforced necessity for protection of consumers, however, the application of the provision of the basic consumer law with respect to lawsuit by consumers group is not enough to address consumers’ damages caused by call sales. Therefore, a provision that allows consumer groups to file a lawsuit with the same as or less requirements than the basic consumer law should be added to the law concerned with call sales.
With reference to consumer damage caused due to fraud or coercion, it would be proper to have the seller prove that the call sale has not been fraudulent or coercive. For clear distinction of a call sale from multilevel marketing, the multilevel marketing should be defined as a sale with two or more levels, and the concept of ‘level’ should be judged by the payment method of sponsor’s allowance and many other factors.
consumers’ right to withdraw subscription and bringing in a lawsuit by consumer groups.
As for Korea’s consumers’ right to withdraw subscription, the period for exercise of the right is limited to 14 days. If the period for exercise of the right to withdraw subscription is provided for longer than 14 days at individual agreement made between the parties, the period for exercise of the right for the agreement shall be longer than 14 days as provided for in the individual agreement, while if the period for exercise of the right is provided for shorter than legal period, the period for exercise of the right for the agreement shall be
substituted with the legal period in a way to protect consumers.
The basic consumer law can be construed that a lawsuit can be filed by a consumer group in the event that a multitude of consumers have been damaged due to indications, advertisement, improper transaction or breach of law and regulations regarding personal information by business and it is necessary to protect for public interest. According to the provision of the basic consumer law, if a damage caused by a call sale meets the requirements, a consumer group can file a lawsuit. Viewed from the aspect of the reinforced necessity for protection of consumers, however, the application of the provision of the basic consumer law with respect to lawsuit by consumers group is not enough to address consumers’ damages caused by call sales. Therefore, a provision that allows consumer groups to file a lawsuit with the same as or less requirements than the basic consumer law should be added to the law concerned with call sales.
With reference to consumer damage caused due to fraud or coercion, it would be proper to have the seller prove that the call sale has not been fraudulent or coercive. For clear distinction of a call sale from multilevel marketing, the multilevel marketing should be defined as a sale with two or more levels, and the concept of ‘level’ should be judged by the payment method of sponsor’s allowance and many other factors.
목차
Ⅰ. 서론
Ⅱ. 특정 상거래 소위원회 방문판매에 관한 개정 논의
Ⅲ. 일본변호사연합회의 특정상거래법개정에 관한 의견
Ⅳ. 우리나라에서의 개정논의
Ⅴ. 결론
참고문헌
[Abstract]
참고문헌 (23)
참고문헌 신청
함께 읽어보면 좋을 논문
논문 유사도에 따라 DBpia 가 추천하는 논문입니다. 함께 보면 좋을 연관 논문을 확인해보세요!
-
소비자보호법의 개정방향 : 소비자보호법의 전면개정과 관련하여
공법학연구
2005 .02
-
소비자의 개념에 관한 연구
法學論文集
2016 .01
-
韓･中 소비자법제 기본법의 비교
원광법학
2008 .01
-
소비자기본법의 문제점과 개정의견
기업법연구
2009 .03
-
정부 분야별 정책ㆍ제도의 소비자지향성 연구 Ⅴ
정책연구보고서
2013 .11
-
인공지능 시대 소비자 보호 이념의 수정
중국법연구
2020 .01
-
중국 노인 소비자의 소비자역량에 관한 실증연구
Human Ecology Research
2018 .01
-
정부 분야별 정책·제도의 소비자지향성 연구(IV)
정책연구보고서
2012 .12
-
집단적 소비자피해구제제도의 개선 방안 - 소비자단체소송을 중심으로 -
법학연구
2020 .02
-
서민금융서비스 소비자문제와 제도개선 방안 연구
정책연구보고서
2010 .10
-
생애주기별 소비자이슈 대응을 위한 정보제공체계 개발
정책연구보고서
2016 .12
-
정부 분야별 정책ㆍ제도의 소비자지향성 연구 Ⅵ
정책연구보고서
2014 .12
-
고령자 대상 소비자교육 프로그램 개선방안 연구
정책연구보고서
2020 .01
이 논문의 저자 정보
이 논문과 함께 이용한 논문
최근 본 자료
댓글(0)
0
UCI(KEPA) : I410-ECN-0101-2013-360-001530694