소비자법상 위법행위와 탈법행위 - 후원방문판매업을 중심으로 -

As the sponsored door-to-door sales business was newly stipulated in the Door-to-Door Sales Act as a relaxed business than the multi-level sales business, incentives were created for those who operate the existing multi-level sales business to operate the sponsored door-to-door sales business. Therefore, in reality, there was an inherent risk due to the design of this system that operators running only multi-level sales businesses formally disguised themselves as operating sponsored door-to-door sales businesses. In 2022, there was a report that the Seoul Metropolitan Government detected companies registered as nominally sponsored door-to-door sales yet, actually operated as multi-level sales. In March 2023, the Fair Trade Commission also issued correction orders to the sponsored door-to-door companies for unregistered multi-level sales activities, non-registration of salespeople, non-compliance with sponsorship allowance payment standards, and even filed a prosecution complaint. In summary, the contents of the newly revised Door-to-Door Sales Act, which has inherent risks as mentioned above, allowing sponsored door-to-door sales in a relaxed form compared to multi-level sales, revealed the perils to the surface. This paper aims to analyze this observed phenomenon through the concept of violation and manipulation of the law and to present certain standards