방문판매법 개정안의 주요내용 비교검토
A Study on Major Issues of a Revised Bill of the Door to Door Selling Act
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Abstract
In this thesis, it presents a study of main issues of a revised bill of the Door-to-Door Sales Act (hereinafter referred to as 'revised bill') in three articles which has been submitted to a National Assembly and shows a comparison of the revised bill. This paper explains contents and purposes of the revised bill and analyzes strong and weak points comparatively. Additionally, it includes a writer's personal opinion on main issues of the revised bill. The revised bill presents main issues including a definition of multilevel sales and a change of standard in computing total support allowances. Under the current regulation, the conditions to become a multilevel sales organization are as follows: ① A registration of a salesman is carried out by stages targeting consumers who buy goods and the level of the registered salesman reaches the level three and ② giving economical benefits (support allowances and retail profits) towards sales and activities to attract people for a registration are used as inducement. Toward this regulation, the revised bill defines multilevel sales in a different manner and distinguishes clearly with door-to-door sales. The writer also views that door-to-door sales are considered as a form of the first level of salesman who only receives commissions by selling door to door. Other than this form should be considered as multilevel sales. Regarding the calculation standards of support allowance, the current regulation stipulates that a basis of a commission should be a total amount of supplied goods when it comes to an intermediation. But the revised bill stipulates not to provide more than 35% on the basis of the total amount of supplied goods without distinguishing consignment or intermediation. It is concerned that the revised bill might be viewed as a chance of giving excessive support allowances to multilevel salesmen who mainly deal with intermediation.
참고문헌 (8)
- 공정거래위원회, "다단계 판매에 있어서의 후원수당의 지급실태 파악 및 제도개선 방안 연구" (2004), 경희대 경영대학원
- 김홍석, "다단계판매와 방문판매업에 관한 해설" (2008), 도서출판 잎새
- 서혜석, "신방문실태와 방문판매등에 관한 법률개정 방향", ~ (2007)
- 이봉의, "방문판매법상 다단계판매 규제의 문제점과 개선방안", 경쟁법연구, 19, pp.3~26 (2009), 한국경쟁법학회
- 한국경제법학회, "특수거래 관련 법령정비 및 효과적인 법 집행체계 구축방안 연구", 한국경제법학회, ~ (2005)
- 한국형사정책연구원, "다단계판매의 실태와 대책", 한국형사정책연구원, ~ (1999)
- 황진자, "(소비자분쟁 해결을 위한) 알기 쉬운 방문판매법 해설" (2007), 한국소비자원
- Jaeger-lanz, "Handbuch des Wettbewerbsrechts", pp.2005, Gloy
