목차
간행 취지
제1부 법률 제정 및 개정의 경위
제1장 법률 제정의 경위 ···································································································· 3
제2장 1984년 개정의 경위································································································· 6
제3장 1988년 개정의 경위································································································· 7
제4장 1996년 개정의 경위································································································11
제5장 1999년 개정의 경위······························································································· 15
제6장 2000년 개정의 경위······························································································· 19
제7장 2002년 개정의 경위······························································································· 23
제8장 2004년 개정의 경위······························································································· 27
제2부 축조 해설
제1장 총칙·························································································································· 33
제1조(목적)·························································································································33
제2장 방문판매, 통신판매 및 전화권유 판매······························································· 35
제1절 정의······················································································································ 35
제2조(정의)·························································································································35
제2절 방문판매·············································································································· 49
제3조(방문판매 시의 성명 등의 명시) ··········································································49
제4조(방문판매 시의 서면 교부) ····················································································50
제5조 ···································································································································56
제6조(금지행위) ·················································································································59
제6조의 2(합리적인 근거를 제시하는 자료의 제출) ···················································65
제7조(지시)·························································································································66
제8조(업무 정지 등) ·········································································································69
제9조(방문판매 시의 계약 신청의 철회 등)·································································70
제9조의 2(방문판매 시의 계약 신청 또는 그 승낙의 의사표시의 취소) ················80
제10조(방문판매 시의 계약 해제 등에 따르는 손해배상 등의 액수 제한) ············83
제3절 통신판매·············································································································· 87
제11조(통신판매에 대한 광고) ························································································87
제12조(과대 광고 등의 금지)··························································································98
제12조의 2 (합리적인 근거를 제시하는 자료의 제출) ··············································100
제12조의 3 (전자적 방법으로 제공하는 광고의 수신을 희망하지 않는다는
취지의 의사표시를 한 자에 대한 제공 금지)········································101
제13조(통신판매 시의 승낙 등의 통지) ······································································102
제14조(지시)·····················································································································107
제15조(업무 정지 등) ·····································································································109
제4절 전화권유 판매 ···································································································111
제16조(전화권유 판매 시의 성명 등의 명시)····························································· 111
제17조(계약을 체결하지 않는다는 취지의 의사를 표시한 자에 대한 권유 금지) ····· 112
제18조(전화권유 판매 시의 서면 교부) ······································································ 113
제19조 ·······························································································································118
제20조(전화권유 판매 시의 승낙 등의 통지)·····························································120
제21조(금지행위) ·············································································································122
제21조의 2(합리적인 근거를 제시하는 자료의 제출) ···············································126
제22조(지시)·····················································································································127
제23조(업무 정지 등) ·····································································································129
제24조(전화권유 판매 시의 계약 신청의 철회 등) ···················································130
제24조의 2(전화권유 판매 시의 계약 신청 또는 그 승낙의 의사표시의 취소)········138
제25조(전화권유 판매 시의 계약 해제 등에 따르는 손해배상 등의 액수 제한)·······140
제5절 잡칙 ··························································································································144
제26조(적용 제외) ···········································································································144
제27조(방문판매협회) ·····································································································152
제28조(명칭의 사용 제한)······························································································152
제29조(민원 해결) ···········································································································153
제30조(통신판매협회) ·····································································································154
제31조(명칭의 사용 제한)······························································································154
제32조(민원 해결) ···········································································································155
제3장 연쇄 판매 거래 ·································································································156
제33조(정의)·····················································································································156
제33조의 2(연쇄 판매 거래 시의 성명 등의 명시) ···················································164
제34조(금지행위) ·············································································································167
제34조의 2(합리적인 근거를 제시하는 자료의 제출) ···············································174
제35조(연쇄 판매 거래에 대한 광고) ··········································································175
제36조(과대 광고 등의 금지)························································································181
제36조의 2(합리적인 근거를 제시하는 자료의 제출) ···············································183
제36조의 3(전자적 방법으로 제공하는 광고의 수신을 희망하지 않는다는
취지의 의사표시를 한 자에 대한 제공 금지)········································184
제37조(연쇄 판매 거래 시의 서면 교부) ····································································185
제38조(지시)·····················································································································196
제39조(연쇄 판매 거래의 정지 등) ··············································································200
제40조(연쇄 판매 계약의 해제 등) ··············································································201
제40조의 2 ·······················································································································206
제40조의 3(연쇄 판매의 계약 신청 또는 그 승낙의 의사표시의 취소) ················213
제4장 특정 계속적 역무 제공························································································217
제41조(정의)·····················································································································217
제42조(특정 계속적 역무 제공 시의 서면 교부)·······················································221
제43조(과대 광고 등의 금지)························································································228
제43조의 2(합리적인 근거를 제시하는 자료의 제출) ···············································230
제44조(금지행위) ·············································································································231
제44조의 2(합리적인 근거를 제시하는 자료의 제출) ···············································235
제45조(서류 비치 및 열람 등)······················································································236
제46조(지시)·····················································································································238
제47조(업무 정지 등) ·····································································································241
제48조(특정 계속적 역무 제공 등 계약의 해제 등) ·················································242
제49조 ·······························································································································248
제49조의 2(특정 계속적 역무 제공 등 계약의 신청 또는 그 승낙의 의사표시의 취소)···254
제50조(적용 제외) ···········································································································256
제5장 업무 제공 유인 판매 거래 ······················································································258
제51조(정의)·····················································································································258
제51조의 2(업무 제공 유인 판매 거래 시의 성명 등의 명시)································260
제52조(금지행위) ·············································································································262
제52조의 2(합리적인 근거를 제시하는 자료의 제출) ···············································266
제53조(업무 제공 유인 판매 거래에 대한 광고)·······················································267
제54조(과대 광고 등의 금지)························································································273
제54조의 2(합리적인 근거를 제시하는 자료의 제출) ···············································275
제54조의 3(전자적 방법으로 제공하는 광고의 수신을 희망하지 않는다는
취지의 의사표시를 한 자에 대한 제공 금지)········································275
제55조(업무 제공 유인 판매 거래 시의 서면 교부) ·················································277
제56조(지시)·····················································································································283
제57조(업무 제공 유인 판매 거래의 정지 등)···························································285
제58조(업무 제공 유인 판매 거래 시의 계약의 해제) ·············································286
제58조의 2(업무 제공 유인 판매의 계약 신청 또는 그 승낙의 의사표시의 취소) ·····289
제58조의 3(업무 제공 유인 판매 계약의 해제 등에 따르는 손해배상 등의 액수 제한)···290
제6장 잡칙 ·····························································································································294
제59조(매매계약에 근거하지 않고 송부된 상품)·······················································294 |