청약철회권의 행사에 관한 연구

In the case of special transactions, it is necessary to give consumers an opportunity to reconsider their intention to sign a contract after signing the contract because they decide through active recommendation by the business operator, not after sufficient consideration. Therefore, the Installment Transaction Act, the Door-to-Door Sales Act, and the Electronic Commerce Act stipulate consumer' right to withdraw an offer. However, if the period is set for a long time, it is set for a short period of time, considering that the uncertainty may cause losses to the business operator. Therefore, in order to allow consumers to sufficiently decide on their intention to conclude a contract during that period and to extinguish an offer or contract if their intention is changed, they take the principle of sending, not reaching. However, there are two meanings of the principle of sending, and in order to be defined in accordance with the purpose of withdrawal of an offer, the right must be effectively exercised when the withdrawal of an offer is sent within the withdrawal period, such as the Installment Transaction Act and the EU Consumer Rights Directive. Nevertheless, it is raising the question of whether it can be recognized as a valid subscription withdrawal if the consumer sends a withdrawal paper within the withdrawal period because the Door-to-Door Sales Act and the Electronic Commerce Act take the principle of sending of the effective timing of withdrawal. This was caused by the enactment of the Door-to-Door Sales Act based on the Japanese Specific Commercial Transaction Act, and it was mistaken for being exercised within the period just because the legislator took notice of the effective timing of the withdrawal. Therefore, the principle of sending stipulated in the Door-to-Door Sales Act and the Electronic Commerce Act should be amended to the exercise time of the withdrawal right not the time to effect in accordance with its purpose.