체육시설이용계약과 소비자보호

Abstract

A Sports facilities use contract means the agreement between business and consumer to use sports facilities. The majority of sports facilities use agreement are long-term contracts. Therefore, this contract may correspond to the recurring transaction on door-to-door sales, etc. act. Recurring transactions means transactions made under a contract for providing goods or services continuously or on an irregular basis during not less than one month with an agreement that places restrictions on the refund of the consideration therefor or that requires the payment of a penalty if the contract is terminated prematurely. Many damages of consumers were incurred in connection with these transactions. Thus, it was established regulations on the recurring transaction in the door-to-door sales, etc. act in 2002. But regulations on the recurring transaction are not suitable for consumer protection. First, definition of the recurring transaction is not consistent with the essential means of the recurring transaction. Second, requirements of liability for damages is disadvantageous to consumers. Third, the scope of ancillary contract should be expanded. Therefore, provisions of the recurring transaction on the door-to-door sales, etc. act should be amended to suit consumer protections.