방문판매법상 후원수당 규제의 재정비 필요성 - 통지기간 규제를 중심으로 -

This paper analyzes the current status and issues of the regulation on sponsorship compensation in multi-level marketing (MLM) under the Door-to-Door Sales Act, and raises the need for a rational improvement of the notice period regulation. The total amount limit on sponsorship compensation and the mandatory three-month prior notice for changes in calculation and payment standards have contributed to consumer protection and the prevention of illegal pyramid schemes to some extent. However, they also cause rigidity in practical operations such as promotion planning, weakening market adaptability. The current law mandates a three-month prior notice for changes in the calculation and payment standards of sponsorship compensation, applied equally to both reductions (disadvantages) and increases (advantages). Such uniform regulation hampers the business flexibility of MLM operators and creates problems in promptly responding to rapidly changing market conditions. This paper examines the legal nature of sponsorship compensation and points out that the current regulation is excessively restrictive. By comparing and analyzing foreign legislation—including the U.S. Federal Trade Commission (FTC) guidelines and Japan’s Act on Specified Commercial Transactions—as well as notice systems in related domestic fields (franchise business, subcontracting, large-scale distribution, etc.), it confirms the excessively rigid nature of Korea’s regulatory framework. Accordingly, this paper proposes the introduction of a differentiated notice system that distinguishes between reduction and increase, an expansion of reasonable exemption criteria, and a rational shortening of the notice period. Ultimately, it emphasizes the necessity of institutional reform that balances consumer protection with industry development.