사업자의 계약 상대방 선택의 자유와 소비자 철회권의 긴장 관계- 누적된 철회 횟수 내지 높은 반품율을 이유로 한 사이버몰의 계정폐쇄조치 -

When the right of withdrawal of the consumer is exercised and the contractual relationship is liquidated based on this, substantial costs are inevitably incurred for the entrepreneurs. Therefore, the entrepreneur has to reduce the frequency of the exercise of the right of withdrawal so that the entrepreneur has a profit to attract the economic transaction. In this paper, The question of whether the entrepreneur is allowed to close a customer's account based on the withdrawal behavior of consumers in E - Commerce (due to frequent withdrawal) under the Consumer Contracts Law was examined on the basis of discussions in Germany. First, if the operator can terminate the membership contract because of the cumulative withdrawal frequency, psychological pressure to give up the withdrawal of the contract can be a problem. In the end, the circumvention of the right to exercise the right of withdrawal may be a problem. Second, in order for the termination of membership contracts to be allowed for reasons of frequent withdrawal, it is necessary to warn the entrepreneurs of the possible termination of membership contracts by blocking the account, and a large number of returns should be observed. And by reviewing the attributes of the ordered product type and other individual circumstances, the return behavior of the consumer should be unreasonable from an objective point of view. Third, if the right of withdrawal is abused, there is no risk of bypassing the exercise of the right of withdrawal due to account closure. In this case, there is no interruption of the consumer's right to exercise the right of withdrawal and the contract can be terminated because of the illegal exercise of the right to withdrawal.