특수거래에 있어서 소비자의 청약철회권에 관한 연구

A Study on the Consumer s Withdrawal of an Offer in Special Transactions

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