청약철회권의 입법형태의 일고찰 - 일본과 독일의 청약철회권 입법형태 비교를 중심으로 -

A country which has advanced legal system for the consumer has the Cooling-off right for the consumer protection. The Cooling-off right given to the consumer ultimately functions to withdraw a contract, but it's requirements and effects are distinction in each country. Both Japan and Germany prescribe the Cooling-off right to protect the consumer and its application scope is clearly limited to the consumer in a special range and the special transactions. In case of Japan, once the Cooling-off right is acknowledged, it is a principle that the contract become invalidated and any cost is not acknowledged(except mail-order selling), only the consumer has a obligation to return goods as it is. However, in case of German, if the Cooling-off right is acknowledged, the provision of this article with respect to statutory right of rescission shall apply. To summarize these, when the consumer exercises the Cooling-off right, while Germany seeks the benefit balance between a business provider and a consumer in the cost of restoration. This difference may be caused by the difference in the consumer act systems and consumption culture of the two countries, which can be reinterpreted as whether the legislation emphasizes the aspect to remove the barrier against the formation of true purchase intention of the consumer or the aspect to share the cost required to form the true purchase intention of the consumer. Looking at Korean Cooling-off right based on this analysis, it seeks the benefit balance between the business provider and the consumer in the effect aspect as Germany.