유럽연합 소비자권리지침상 청약철회권에 관한 연구 －우리 법과의 비교법적 고찰을 중심으로－

The right of withdrawal introduced to protect consumers in terms of special consumer contracts could be called the most fundamental right in this field. However, lots of controversy are still being raised, although about 20 years have already passed since the right of withdrawal had been introduced. Also, the environment of consumer contracts is changing a great deal as we enter the 21st century. Accordingly, the controversy on whether the right of withdrawal is really appropriate for the changed consumer contracts environment is being raised. Therefore, it could be said that we’re at a point in time requiring an overall reexamination on the right of withdrawal. Although the approach from very diverse aspects is required for this, one of the typical methods could be called a comparative study with the foreign legislation which solves the problem of this with the theory of legislation. Naturally, the legislation case of a foreign country is not the correct answer. But it would be said that its significance as important data in solving the problem of this is great. From this aspect, the EU consumer rights directive enacted recently is an important material in considering the improvement plan on our legislation. In this paper, the improvement plan on our legislation has been examined while performing a comparative analysis on the details related to the right of withdrawal according to the EU consumer rights directive, the door to door sales act and the electronic commerce consumer protection act. Naturally, the EU consumer rights directive does not present answers on everything. But we cannot deny the fact that it allows a significant implication. However, the details of EU consumer rights directive are not perfect and the fact that in contains some problems is a factor that must be considered in preparing the improvement plan of our legislation. Therefore, the improvement plan on the legislation related to the right of withdrawal in the door to door sales act and the electronic commerce consumer protection act would have to be prepared through a very in-depth investigation on the problems created in the process after accepting the positive factors of the EU consumer rights directive.