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(영문) 대법원 2015.10.29 2015도1925
방문판매등에관한법률위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. The former Door-to-Door Sales Act (wholly amended by Act No. 11324, Feb. 17, 2012; hereinafter “former Door-to-Door Sales Act”) provides that “multi-level marketing” under Article 2 subparag. 5 of the former Door-to-Door Sales Act means selling goods, etc. through a multi-level marketing organization in which a sales business operator solicits a specific person to have certain profits (referring to retail profits that a multi-level marketing salesperson gains by selling goods, etc. to consumers in multi-level marketing and support allowances that a multi-level marketing business operator pays to that multi-level marketing salesperson; hereinafter the same shall apply) if he/she engages in any of the following activities.”

(b) "Goods, etc. supplied by the relevant dealer shall be sold to consumers";

The contents of this item are as follows: "The consumers under item (a) are required to join the whole or part of them as assistant multi-stage salesmen of the relevant specific person and their assistant multi-stage salesmen are engaged in the same activity as the activity of the relevant specific person"; and "the "support allowances" under subparagraph 7 of Article 2 refers to the economic benefits that multi-stage sales business operators pay to multi-stage salesmen in relation to the following matters regardless of the name and form of payment, such as sales commission, commission, support fund, etc."

organized management, education and training performance for assistant multi-stage salesmen belonging to multi-stage salesmen;

B. Article 2 Subparag. 6 of the former Door-to-Door Sales Act provides that a multi-level marketing salesperson’s sales of goods, etc. or sales of goods, etc. by subordinate salespersons belonging to the multi-level marketing salesperson. Meanwhile, Article 2 Subparag. 6 of the former Door-to-Door Sales Act is a person who opens, manages, or operates a multi-level marketing organization (hereinafter “multi-level marketing business operator”) and

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