용역제공계약과 청약철회에 관한 연구

Special Trade Consumer Protection 3 Acts apply not only to consumer contracts on goods but also on services. If so, the question of whether the regulations on withdrawal of an offer under the Special Trade Consumer Protection 3 Acts properly regulate the contents considering the characteristics of the service is raised. In this paper, the contents of withdrawal of an offer under the Special Trade Consumer Protection 3 Acts were applied to the service contract and analyzed. As a result, the withdrawal right of the service contract was found to be meaningless or more disadvantageous to consumers. Therefore, the contents of withdrawal should be amended in the service provision contract regulates in the Special Trade Consumer Protection 3 Acts, and the following is the summary. First, the right to withdraw should be recognized for the service provision contract, but withdrawal should be excluded when the service is provided. This is the content prescribed in the Electronic Commerce Act, and it is necessary to regulaes the same in the Installment Transactions Act and the Door to Door Sales Act. Second, the initiation date of withdrawal for service provision contract should be amended to the day of contract conclusion rather than the day of service provision. Third, it is necessary to prohibit the price and return of benefits when the consumer withdraws after the service is provided. Finally, the initiation date of the refund period should be amended to the day when the intention of withdrawal reaches the business operator regardless of whether the service is provided or not.