선불식 할부거래와 소비자보호 ― 미등록 선불식 할부거래 및 해약환급금을 중심으로 ―

A prepaid installment contract means a contract under which a consumer receives goods, etc. simultaneously with or after making installment payments of the price of the goods, etc. falling under any of items(services for funeral or wedding and other goods incidental to such services) on two or more occasions over a period of two or more months to a business operator regardless of its nomenclature or form. A prepaid installment seller shall register his/her business with the competent special metropolitan city mayor, metropolitan city mayor or province governor. This registration provision is not a regulation provision but an effect provision. Therefore, a prepaid installment sale made between an unregistered seller and a consumer is valid. So, if a consumer would rescind a contract, he/she has to pay charges for breach of contract. But a prepaid installment seller can not do business by corrective actions of the Fair Trade Commission. Therefore, it is unreasonable that consumers rescinding a prepaid installment sale to avoid these risks are charged a fee. Also, When a prepaid installment seller calculates charges for breach of contract, the standard amount must do with the amount which consumer provides and interest. Finally, charges for breach of contract will be determined to 10% of the total payment.