일본의 방문판매에 관한 법개정 논의

Abstract

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.