사업권유거래에 대한 규제 및 그 개선방안

Business soliciting transaction means any transaction in which any business operator solicits a person who wants to become an independent business owner(IBO) to the transaction to purchase goods and services by means of arranging and providing an business opportunity for the latter. The Act on door to door sales etc. regulates business soliciting transactions to protect the party who is similar with consumer on account of no specific knowledge and no experience in the business arranged or provided by the business operator. The definition of business soliciting transaction is so broad that it cannot be easily regulated by the government or the court. So some requirements are necessary to determine business soliciting transaction such as solicitation by means of arranging and providing an business opportunity, sale of goods or services over 300,000 Korea Won, no specific knowledge and no experience of the party in the business arranged or provided by the business operator. Business operator in business soliciting transaction should explain prior to the contract to help the party understand, and specify in a written contract information on the business operator, information on goods or services, price for the goods or services, and payment time and method thereof, business method, transaction terms, termination of contract, dispute settlement, etc. The party may terminate his contract at any time during the contract period. The penalty claimed by the business operator cannot exceed the damage caused by the termination of contract. The business operator is prohibited from forcing the party to enter into a contract or to purchase goods, making false and exaggerated advertisement, changing his information to interfere rescission of the contract, evading disputes and complaints settlement, etc. The party cannot withdraw his subscription in business soliciting transaction. However, it is necessary to let the party withdraw his subscription in business soliciting transaction as in door to door sales.