선 포인트 계약과 소비자보호에 관한 연구

It is the pre-point contract that consumer pays in points being acquired in future within a certain period of time. Therefore, the pre-point contract corresponds to installment transaction on the installment transaction act. The business should provide informations to the consumer so as to contracting under rational judgment. Most of all, most important information is a total credit card for consumer to use for saving up a points. Also, business' advertisement indicating free or save amounts to a kind of the false or exaggerated advertising on act on fair indication and advertisement and unfair business practices on the monopoly regulation and fair trade act. Therefore, KFTC must prevent consumer damages from business' unfair advertising by means of appropriate corrective actions. In step of contracting, business must hand over a written contract to the consumer. Essential mentioned items is not recorded in pre-point written contract which is used now. As a result, consumer making a pre-point contract could not exercise rights because of not perceiving one's rights. So, KFTC should advise a business to use a written contract included essential mentioned items. In step of continuance and dissolution of contract, (1) consumer could withdraw a offer within 7 days from day receiving a written contract and goods. (2) a business could change a clause under conditions of clause admission. Therefore, a changed clause is not applied in pre-point contract only notice of a business. (3) Various causes which is not providing from installment transactions act etc. are provided in clauses as causes of time profit loss. Clauses being provided these causes must be amended because these causes is invalid in compliance with the installment transactions act and the regulation of standardized contracts Act. (4) When a sale contract is invalid, cancelled or rescinded, consumer is able to refuse a credit card firms requisition according to Article 12 of the installment transactions act. On this wise, the pre-point contract corresponds to installment transaction on the installment transaction Act. But business is not endeavoring for protection of consumer's right and performance of one's duty on the installment transactions act. Therefore, KFTC should take necessary measures for business to observe relevant acts and for consumer not to be damaged. Especially. Considering contents of the written contract or clause is insufficient, it must enact a standard clause as to pre-point contract in the short term and point-related acts in the long term to prevent consumer from damages which occurs from pre-point contract.