방문·다단계판매의 판단기준에 관한 비교법적 고찰

MLM program is a highly leveraged product-based pyramid scheme in concept, structure, and effects. Nevertherless, our legal system of Door-To-Door Sales and multilevel marketing is very different with other countries. Nowadays, MLM industry is so well-entrenched in our society that effective laws for protecting consumers may be next to impossible without massive publicsupport and clamor for change - which is not likely to happen. In fact, opposite is more likely - participants in all types of pyramid schemes will fight to defend a scheme until they have had their opportunity to “cash out”. The blame should be placed on endless chain marketing(sales or distributor) scheme that are inherently fradulent systems, which enrich a few at the top at the expense of a multitude of downline participants, who wind up being victimized by the scheme. The best thing regulators can do is limit harm by focusing on MLM compensation plans. It is hoped they will use the concepts in this paper to accomplish more cost-effective enforcement of existing laws for protecting consumers in a more proactive manner - and not wait for complaints to come trickling in. The problem is that terms such as “fraud”, “scam”, “deception”, etc., usually imply intent to defraud or deceive on the part of the perpetrator. That means that problems of Door-To-Door Sales and multilevel marketing could be solved with the legal system of the supervise after the fact. For that, it could be very available if our legal system of Door-To-Door Sales and multilevel marketing would be changed like german and japan legal system.