영문법령 불러오는 중…

ENFORCEMENT DECREE OF THE ACT ON DOOR-TO-DOOR SALES — 법갈피

영문법령 / ENFORCEMENT DECREE OF THE ACT ON DOOR-TO-DOOR SALES

ENFORCEMENT DECREE OF THE ACT ON DOOR-TO-DOOR SALES

대통령령일부개정시행 2025-06-04공정거래위원회 · 제35046호 · 공포 2024-12-03

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Decree is to provide for the matters mandated by the Act on Door-to-Door Sales and matters necessary for the enforcement thereof.

Article 2(Scope of multi-level marketing organizations) #

(1) "Cases prescribed by Presidential Decree" in the proviso of subparagraph 5 (b) of Article 2 of the Act on Door-to-Door Sales (hereinafter referred to as the "Act") means any of the following cases:

1. Where a method for paying bonuses to salespersons is the same as, or similar to, the method for paying bonuses to salespersons classified as three or more levels;

2. Where a person (excluding a person registered as a multi-level marketing business entity or door-to-door sales or telemarketing business entity under sponsorship under Article 13 or 29 (3) of the Act) entrusted by another person, with sales or the management of an organization recruits, manages, and operates his or her subordinate salespersons and it is a sales organization with at least three levels or it is managed and operated in a similar manner, when the subordinate sales organizations of the entrusting person and the entrusted person are presumed to be a single sales organization.

(2) The method for paying bonuses to salespersons under paragraph (1) 1 and guidelines for the management and operation of an organization with at least three as defined in paragraph (1) 2 or a similar organization shall be prescribed by Prime Ministerial Decree.

Article 3(Payment of bonuses for door-to-door sales under sponsorship) #

In paying bonuses in accordance with the former part of subparagraph 7 of Article 2 of the Act, a particular salesperson's performance in purchase or sales and activities for education, training, and organizational management that directly affect such performance shall affect bonuses only for one single salesperson at the immediately higher level; provided, the payment of allowances for any of the following costs and expenses shall not be included in the bonuses paid in accordance with the former part of subparagraph 7 of Article 2 of the Act:

Article 8(Procedures for reporting by door-to-door sales or telemarketing business entities) #

(1) When a door-to-door sales or telemarketing business entity intends to file a report in accordance with the main clause, with the exception of the subparagraphs, of Article 5 (1) of the Act, he or she shall file a report in the form specified by Prime Ministerial Decree with the Special Self-Governing City Mayor, the Governor of the Special Self-Governing Province, or the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply) having jurisdiction over his or her principal place of business, along with a document certifying his or her assets, liabilities, and capital (applicable only to a company under the Commercial Act; including an electronic document); provided, if his or her principal place of business is in a foreign country, such report shall be filed with the Fair Trade Commission.

(2) Upon receipt of a report in accordance with paragraph (1), the Fair Trade Commission or the competent Special Self-Governing City Mayor or Special Self-Governing Province Governor or the head of the competent Si/Gun/Gu shall verify the following documents through administrative information sharing in accordance with Article 36 (1) of the Electronic Government Act; provided, if the person filing such report does not consent to verification of the document specified in the proviso of subparagraph 1 or in subparagraph 2 or if it is impossible to verify such document, the competent authority shall require the person to submit the relevant documents (in cases falling under subparagraph 2, referring to a copy of the business registration certificate): <Amended on Apr. 11, 2017; Dec. 3, 2024>

1. A certified transcript of corporate register (applicable only to a corporation); provided, an abridged copy of the resident registration card of each promoter shall be submitted instead, if such report is filed before the registration for incorporation of the relevant corporation is completed;

2. A business registration document (referring to one with a resident registration number omitted).

(3) Upon receipt of a report in accordance with paragraph (1), the Fair Trade Commission or the competent Special Self-Governing City Mayor or Special Self-Governing Province Governor or the head of the competent Si/Gun/Gu shall issue a certificate of reporting in the form specified by Prime Ministerial Decree.

(4) A person who intends to report a change in accordance with Article 5 (2) of the Act shall file a report in the form specified by Prime Ministerial Decree, along with documents certifying the change, within 15 days from the date the change occurs (or the date accounts are finally settled, if there exist changes in assets, liabilities, or capital) with the Fair Trade Commission or the competent Special Self-Governing City Mayor or Special Self-Governing Province Governor or the head of the competent Si/Gun/Gu. In such cases, the Fair Trade Commission or the competent Special Self-Governing City Mayor or Special Self-Governing Province Governor or the head of the competent Si/Gun/Gu shall verify such change and re-issue a certificate of reporting with descriptions of the change thereon.

(5) If a door-to-door sales or telemarketing business entity intends to temporarily or permanently close down his or her business or resume his or her business after temporary closure in accordance with Article 5 (3) of the Act, it shall file a report in the form prescribed by Prime Ministerial Decree with the Fair Trade Commission or the competent Special Self-Governing City Mayor or Special Self-Governing Province Governor or the head of the competent Si/Gun/Gu. In such cases, when it files a report on permanent closure, such report shall be accompanied by the certificate of reporting; and if it is impossible to attach a certificate of reporting due to loss, damage, etc., the reason shall be specified in the report of business closure. <Amended on Dec. 4, 2020>

(6) When a person intends to file a report required by any provision of paragraphs (1) through (5) by electronic documents as defined in subparagraph 1 of Article 2 of the Framework Act on Electronic Documents and Transactions (hereinafter referred to as "electronic documents"), he or she may file the report using the information processing system specified by the Fair Trade Commission. <Amended on Aug. 31, 2012>

(7) If it is impractical to submit some data by electronic documents when a report is filed by electronic documents in accordance with paragraph (6), such data may be supplemented by mail or other similar means within one month, and a report supplemented in such manner shall be deemed to have been filed on the date it was filed by electronic documents.

(8) Except as provided in paragraphs (1) through (7), matters necessary for processing reports filed through electronic documents shall be prescribed by Prime Ministerial Decree. <Amended on Dec. 4, 2020>

Article 20(Procedures for registration of multi-level marketing business entities, or door-to-door sales business entities under sponsorship) #

(1) A multi-level marketing business entity or door-to-door sales business entity under sponsorship intends to file for registration in accordance with Article 13 (1) of the Act (including cases applicable mutatis mutandis pursuant to Article 29 (3) of the Act) shall file an application in the form prescribed by Prime Ministerial Decree with the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor having jurisdiction over the location of his or her main office (hereinafter referred to as "Mayor/Do Governor"); provided, if the location of his or her main office is in a foreign country, such application shall be filed with the Fair Trade Commission. <Amended on Dec. 4, 2020>

(2) Upon receipt of an application for registration under paragraph (1), the Fair Trade Commission or the Mayor/Do Governor shall issue a certificate of registration in the form specified by Prime Ministerial Decree, if the application meets the requirements for registration.

(3) A person who intends to report a change in accordance with Article 13 (2) of the Act (including cases applicable mutatis mutandis pursuant to Article 29 (3) of the Act) shall file a report in the form prescribed by Prime Ministerial Decree, accompanied by documents certifying the change, with the Fair Trade Commission or the Mayor/Do Governor within 15 days from the date the change occurs (or the date accounts are finalized, if a change occurs in the amount of capital as referred to in Article 21), and the Fair Trade Commission or the Mayor/Do Governor upon receipt of such report shall verify the change and re-issue a certificate of registration stating the change; provided, if a change occurs in a consequence of termination, expiration, etc. of a contract for indemnity insurance against consumer damage, etc. under Article 13 (1) 3 of the Act, documents certifying such change shall be submitted to the Fair Trade Commission or the Mayor/Do Governor no later than three months before the date of termination or expiration of the contract. <Amended on Dec. 4, 2020>

(4) If a multi-level marketing business entity or door-to-door sales business entity under sponsorship intends to temporarily or permanently close down his or her business or resume his or her business after temporary closure in accordance with Article 13 (3) of the Act (including cases applicable mutatis mutandis pursuant to Article 29 (3) of the Act), he or she shall file a report in the form prescribed by Prime Ministerial Decree with the Fair Trade Commission or the Mayor/Do Governor. In such cases, when it files a report on permanent closure, such report shall be accompanied by the certificate of reporting; and if it is impossible to attach a certificate of reporting due to loss, damage, etc., the reason shall be specified in the report of business closure. <Amended on Dec. 4, 2020>

(5) When a person intends to file a report required by paragraphs (3) and (4) by electronic documents, he or she may file the report using the information processing system specified by the Fair Trade Commission.

(6) Article 8 (7) and (8) shall apply mutatis mutandis to reporting by a multi-level marketing business entity or door-to-door sales business entity under sponsorship in accordance with any provisions of paragraphs (3) through (5).

Article 25(Cases where multi-level marketing salespersons and door-to-door salespersons under sponsorship are not allowed to withdraw subscription) #

"Cases prescribed by Presidential Decree" in Article 17 (2) 3 of the Act (including cases applicable mutatis mutandis pursuant to Article 29 (3) of the Act) means cases that fall under any of the following subparagraphs:

1. Where goods or services have been destroyed or damaged due to a cause attributable to the relevant multi-level marketing salesperson or door-to-door salesperson under sponsorship; provided, where the outer packaging is destroyed in order to verify components of goods or services shall be excluded herefrom;

2. Where the partial use or consumption of goods or services has significantly diminished the value of goods or services; provided, the foregoing shall apply only where measures have been taken to avoid any interference with the exercise of the right to withdraw subscription, etc. due to partial use of goods or services by clearly indicating the impossibility of withdrawing subscription, etc. on the outer packaging or any readily noticeable part of goods or services or by providing samples;

3. Where the outer packaging of replicable goods or services, has been damaged;

4. Where goods or services are to be produced specially according to the order of a consumer, multi-level marketing salesperson, or door-to-door salesperson under sponsorship; the business entity engaging in multi-level marketing or door-to-door sales under sponsorship is likely to sustain a severe and irrecoverable loss if the consumer, multi-level marketing salesperson, or door-to-door salesperson under sponsorship is allowed to withdraw subscription or cancel the relevant contract and thus the business entity notifies the consumer, multi-level marketing salesperson, or door-to-door salesperson under sponsorship of the fact separately with regard to the relevant transaction and obtains written consent thereto from him or her (including an electronic document).

Article 44(Contract for indemnity insurance against consumer damage) #

(1) A contract executed by a multi-level marketing business entity or door-to-door sales business entity under sponsorship for indemnity insurance against consumer damage, etc. or any similar contract in accordance with Article 37 (1) of the Act (hereinafter referred to as "contract for indemnity insurance against consumer damage, etc.") shall satisfy the following requirements: <Amended on Dec. 22, 2015>

1. The contract shall cover consumer damage caused by non-performance of the obligation to refund proceeds, which arises when the right to withdraw subscription or cancel a contract is exercised, or caused by non-performance of the obligation to provide goods or services;

2. A buyer of the goods or services sold by the person who executes the contract for indemnity insurance against consumer damage, etc. shall be designated as the insured or a beneficiary;

3. The contract amount shall meet or exceed the amount determined and publicly notified by the Fair Trade Commission within the limit of the selling price of such goods or services;

4. Under the contract, a consumer (including a multi-level marketing salesperson or door-to-door salesperson under sponsorship; hereafter in this Article the same shall apply) can collect damages promptly and easily, and a late payment penalty shall be paid for any delay in payment;

5. The contract shall neither place any restriction on the method by which a consumer can express his or her intent without a justifiable ground nor impose an excessively heavy burden of proof on consumers;

6. The contract shall not place any restriction on the coverage of damages or the liability of the insurer or the person who sells goods or services, without a justifiable ground;

7. The contract shall not have any provision likely to cause any risk or loss that consumers are unlikely to anticipate or any provision unfairly unfavorable to consumers;

8. The period of a transaction covered by the contract for indemnity insurance against consumer damage, etc. shall be at least one year, and no contract shall be easily made for the requirements terminating the contract without any justifiable ground to give disadvantages to consumers;

9. If the contract is an insurance contract or a performance guarantee of obligations, it shall be executed with an insurance company as defined in subparagraph 6 of Article 2 of the Insurance Business Act or a bank as defined in Article 2 (1) 2 of the Banking Act (hereafter in this subparagraph referred to as "insurance company or bank"); provided, a door-to-door sales business entity under sponsorship may execute a performance guarantee of obligations that meet the requirements prescribed in subparagraphs 1 through 8 with another door-to-door sales business entity under sponsorship that meets all the following requirements:

(a) Another door-to-door sales business entity under sponsorship with whom the business entity has a continuous business relationship, such as trading of goods or services or consignment sales;

(b) Another door-to-door sales business entity under sponsorship who is in a contract for indemnity insurance against consumer damage, etc. entered into with an insurance company or bank or a mutual aid association established pursuant to Article 38 of the Act (hereinafter referred to as "mutual aid association") for the door-to-door sales business entity under sponsorship who has a continuous business relationship.

(2) A contract for indemnity insurance against consumer damage, etc. that the Fair Trade Commission recommends to execute in accordance with Article 37 (2) of the Act shall satisfy the requirements prescribed in paragraph (1) 1 through 7 and 9.

(3) Except as provided in paragraphs (1) and (2), matters regarding the detailed guidelines for, and details of and procedures for compensation for loss under a contract for indemnity insurance against consumer damage, etc. according to the nature of goods or services or transactions, and for the use of the mark of a contract for indemnity insurance against consumer damage, etc. shall be prescribed by Prime Ministerial Decree.

Article 62-2(Processing personally identifiable information) #

(1) The Fair Trade Commission, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (including persons delegated or entrusted with the relevant authority) may process data including resident registration numbers or alien registration numbers referred to in Article 19 of the Enforcement Decree of the Personal Information Protection Act, in unavoidable circumstances to conduct the following:

1. Affairs concerning reporting by door-to-door sales or telemarketing business entities under Article 5 (1) of the Act;

2. Affairs concerning reporting on changes by door-to-door sales or telemarketing business entities under Article 5 (2) of the Act.

(2) The Fair Trade Commission or the relevant Mayor/Do Governor (including persons delegated or entrusted with the relevant authority) may process data including resident registration numbers or alien registration numbers referred to in Article 19 of the Enforcement Decree of the Personal Information Protection Act, in unavoidable circumstances to conduct the following:

1. Affairs concerning registration of multi-level marketing business entities under Article 13 (1) of the Act;

2. Affairs concerning reporting on changes in registered matters by multi-level marketing business entities under Article 13 (2) of the Act;

3. Affairs concerning registration for door-to-door sales business entities under sponsorship under Article 13 (1) of the Act, or reporting on changes in the registered matters by such business entities under Article 13 (2) of the Act, which is applicable mutatis mutandis pursuant to Article 29 (3) 1 of the Act.

(3) The Fair Trade Commission may process data including resident registration numbers or alien registration numbers referred to in Article 19 of the Enforcement Decree of the Personal Information Protection Act, in unavoidable circumstances to conduct affairs concerning registration for a trade association under Article 54 (1) of the Act.

[This Article Added on Apr. 11, 2017]

[(previous) Article 62-2 moved to Article 62-3 <Apr. 11, 2017>]

ENFORCEMENT DECREE OF THE ACT ON DOOR-TO-DOOR SALES

Article 1(Purpose) #

Article 2(Scope of multi-level marketing organizations) #

Article 3(Payment of bonuses for door-to-door sales under sponsorship) #

Article 4(Scope of consumers) #

Article 5(Scope of persons specially related) #

Article 6(Transactions excluded from application of the Act) #

Article 7(Matters subject to reporting by door-to-door sales or telemarketing business entities) #

Article 8(Procedures for reporting by door-to-door sales or telemarketing business entities) #

Article 9(Door-to-door sales or telemarketing business entities exempt from duty to report) #

Article 10(Disclosure of information on door-to-door or telemarketing sales business entities) #

Article 11(Matters included in contract) #

Article 12(Restriction on withdrawal of subscription) #

Article 13(Interest rate of late payment penalty) #

Article 14(Means of payment subject to suspension or cancellation of billing for proceeds following withdrawal of subscription) #

Article 15(Offset against debts) #

Article 16(Scope of claimable cost of goods or services partially consumed) #

Article 17(Level of obligations imposed on door-to-door or telemarketing salespersons) #

Article 18(Use of consumer information for delivery of goods or services) #

Article 19(Use of consumer information necessary for verifying identity to prevent misappropriation) #

Article 20(Procedures for registration of multi-level marketing business entities, or door-to-door sales business entities under sponsorship) #

Article 21(Amount of capital of multi-level marketing business entities) #

Article 22(Disclosure of information on multi-level marketing business entities or door-to-door sales business entities under sponsorship) #

Article 23 #

Article 24(Grounds for withdrawal of subscription against multi-level marketing business entities and door-to-door sales business entities under sponsorship) #

Article 25(Cases where multi-level marketing salespersons and door-to-door salespersons under sponsorship are not allowed to withdraw subscription) #

Article 26(Deduction of expenses from refundable proceeds for goods or services) #

Article 27(Offset against debts) #

Article 28(Amendment of guidelines for calculation and payment of bonuses) #

Article 29(Limitation on burden imposed on multi-level marketing salespersons or door-to-door salespersons under sponsorship) #

Article 30(Limitation on price for commodities for sale) #

Article 31(Use of consumer information for delivery of goods or services) #

Article 32(Use of consumer information necessary for identifying consumers to prevent misappropriation) #

Article 33(Level of imposition of obligations) #

Article 34(Person authorized to request for cessation of violation and procedures for requesting cessation of violation) #

Article 35(Standards for liability for compensation for damage where multi-level marketing business entities or door-to-door sales business entities under sponsorship neglects duty to notify) #

Article 36(Standards for calculating ratio of sales of door-to-door sales business entities under sponsorship to end-users) #

Article 37(Standards for amount and period of recurring transactions or transactions for soliciting business) #

Article 38(Matters to be explained to consumers in transactions for soliciting business) #

Article 39(Other matters to be explained to consumers) #

Article 40(Grounds for restriction on termination of contracts for recurring transactions or transactions for soliciting business) #

Article 41(Refund of proceeds or reduction of penalty following return of goods or services) #

Article 42(Inspection of records of transactions of recurring or business-soliciting transaction business entities) #

Article 43(Records of transactions stored and preserved by extraordinary sales business entities) #

Article 44(Contract for indemnity insurance against consumer damage) #

Article 45(Authorization for establishment of mutual aid association) #

Article 46(Contributions) #

Article 47(Matters to be stipulated in articles of association of mutual aid association) #

Article 47-2(Executive officers of mutual aid association) #

Article 48(Operation and supervision of mutual aid association) #

Article 49(Method for ascertaining intent to refuse to receive telemarketing calls) #

Article 50(Organization of investigation team) #

Article 50-2(Methods and procedures for conducting fact-finding surveys) #

Article 51(Payment of monetary awards) #

Article 52(Disclosure of information on unfair practices) #

Article 53(Fairness in evaluation and certification) #

Article 54(Duty to report) #

Article 55(Publication of measures taken for rectification) #

Article 56(Criteria for suspending business and revoking registration) #

Article 57(Organization for mediation of disputes over consumer loss) #

Article 58(Confirmation of no measures to be taken for rectification upon acceptance and performance of proposal for mediation of dispute over consumer damage) #

Article 58-2(Entrustment of affairs regarding management of compliance with consent resolutions) #

Article 59(Imposition and payment of penalty surcharges) #

Article 60(Calculation of sales related to violation) #

Article 61(Criteria for imposing penalty surcharges) #

Article 62(Registration of trade associations) #

Article 62-2(Processing personally identifiable information) #

Article 62-3(Re-examination of regulation) #

Article 63(Criteria for imposing administrative fines) #