소비자철회권의 개념 및 요건에 관한 입법론적 고찰

The consumer is granted a right of withdrawal when concluding distance and off-premises contracts. The right of withdrawal is an important instrument of Korean consumer protection and thus a significant element of Korean contract law. The right is linked to the provision of information at the time of contract formation. A characteristic of the rights of withdrawal in Korean contract law is the entitlement of a party to withdraw from a contract without the need to give a reason. It is possible to withdraw without having to explain the reason for the withdrawal and without incurring a penalty because of the withdrawal. The principle of being bound to a contract is limited in specific situations in which a party typically considered to require protection when concluding a contract. To counter the presumed disadvantage, the party is granted additional time before it is bound completely by the contract. The right of withdrawal during this time shall expand the scope of action of the benefitting party in order to allow it to come to a rational and considered decision regarding the conclusion of contract. In this respect, the right of withdrawal shall ensure freedom of contract in a substantive sense. This article attempts to provide an analysis for definition and requirements of the right of withdrawal under Korean law. In this paper the author tried to simplify and modernize the right of withdrawal under Korean law.