할부거래법 개정안에 대한 고찰

A Study on the revised bill of Installment Transactions Act

The revised bill of Installment Transactions Act enacted in 1991 was notified in October 28 2008. It are major contents of the revised bill that are cooling-off, consumer' right of defense, extinctive prescription, benefit of time, pre-paid installment contract and so on. The revised bill can be valued that is positive because of revision for boundary that became controversy meantime. But, in concrete contents, it is questioned whether contents of the revised bill are faithful in consumer protection in sphere of installment contract really. Therefore, the revised bill should be achieved to direction that can protect consumer efficiently through intensive discussion. If it is referred these viewpoints curtly, as following. Firstly, definitions as to an installment seller and pre-paid installment seller must be amended and added pre-paid indirect installment contract to definition. Secondly, in the scope, goods isn't applied the installment transaction act must be provided in act and decided partly on application of the door to door sales act. Thirdly, business' duty to provide informations must be maintained as an existing law. Fourthly, if a business didn't notice to consumer of cooling-off, the initial date in reckoning should be changed to the time that a business notices of cooling-off by means of a document. Fifthly, in the requirement for establishment as to consumer' right of defense, a cooling-off by other acts should be reconsidered because it can lead to conflicts with the door to door sale act. Sixthly, it must be added to contents of a pre-paid indirect installment contract in the pre-paid installment contract. Finally, consumer' right to dissolve an installment contract is not the termination but the rescission.