방문판매 개념에 관한 연구 - 독일민법과의 비교를 중심으로 -

The Act on door-to-door sales, which regulates the right of withdrawal in consumer contract, provides not only various regulations in civil law but also in public law. The key criterion for determining the scope of the act on door-to-door sales is the definition of door-to-door sales. This is because a variety of legal measures regulated by the door-to-door sales law can be applied only if a business transaction can be recognized as a door-to-door sales situation. It is very doubtful, however, whether the definition in the act on door-to-door sales is governed by the principle of door-to-door sales. In this paper, after comparing and examining the definition and scope of the door-to-door sales in EU and German civil law, which is very similar to the situation of Korean law, the following is the improvement of the act on door-to-door sales. First of all, a way of deleting the a way of deleting the phrase “by way of visit” in the definition of door-to-door sales was proposed. It is necessary to establish whether the contract is concluded at a place other than the business premises, without actively considering whether the method of visit of the entrepreneur is used. Second, the business premises definition regulated by the door-to-door sales law is not defined in consideration of the surprise situation and the psychological pressure situation that may occur to the consumer, so it must be revised. In particular, i) the justification for the use of the place, ii) the three month business period, and iii) the requirement for access and selection in accordance with the free will of the consumer shall be abolished. And in the definition of the business premises, the requirement of 'objective recognition as business premises and intentional visitation of consumers' should be further regulated. Finally, mobile business premises definition needs to be added. Third, leisure events organized by entrepreneur should be added as door-to-door sales. The illogical nature of the definition of door-to-door sales in the current law is the result of an attempt to revise consumer damages in advertising facilities. As a way to properly resolve consumer damages in the future while maintaining legal validity, articles of leisure should be established, such as Article 2 (d) of the EU Consumer Rights Directive and Article 312b of the German Civil Code. Especially for leisure events held at the business premises, it should be recognized as door-to-door sales if it is an event organized by the entrepreneur for the promotion of products and the conclusion of a contract.