방문판매의 정의에 관한 연구

A Door to door Sale means a sale of goods or services in which a person who makes a living by selling(including consignment sales and mediated sales; the same shall apply hereinafter) goods and services(including rights to use certain facilities or receive services; the same shall apply hereinafter) solicits consumers to make an application for a sales contract or concludes a sales contract at a place other than his/her place of business, an agency’s office or other sales places, (including cases in which the seller induces, by solicitation or other methods specified by a Prime Minister's decree, a consumer at a place other than his/her place of business to visit his/her place of business to make an application for a sales contract or to concludes a sales contract). Also, a Prime Minister’s decree is providing conditions of a place of business. As the Door to door Sales act was amended in 2012, KFTC(Korea Fair Trade Commission) announced the revised bill to a Prime Minister’s decree. According to this revised bill, a place of business must satisfy such requirements that business duration in that place must be at least 3 months, the place has equipments that is fixed to it and unfair trading practices of a business is legally prohibited. But the requirement of business duration of 3 or more months would recognize new business as Door to door Seller unconditionally. Also, requiring prohibition of unfair trading practices runs the risk of expanding scope of the door to door sellers indefinitely. Therefore, requirements of the revised bill to a Prime Minister’s decree should be modified comprehensively.