【Syllabus of Latest Opinion】 Supreme Court Decision 2018Da214746 Decided June 15, 2023 【Prohibition and Suspension of the Infringement of Consumers’ Rights and Interests】

Main Issues and Holdings】
[1] Where the portion that is extinct due to its use and consumption until exercising a subscription withdrawal right after a communication line is open through the conclusion of a mobile communication service contract takes up a very small proportion in comparison with the whole mobile communication services whose provision has been scheduled, whether this corresponds to “where the value of the goods, etc., has substantially decreased due to a consumer’s use and partial consumption” as referred to in Article 17(2)2 of the Act on the Consumer Protection in Electronic Commerce and Article 8(2)2 of the Act on Door-to-door Sales (negative)
Where a mobile communication service contract corresponds to a contract comprising divisible services, whether a consumer who concluded a mobile communication service contract through a mail order may exercise a subscription withdrawal right with regard to a service that has not been provided yet against a business operator who provides mobile communication services (affirmative)

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[2] With respect to whether there exist any grounds for the restriction on the exercise of a subscription withdrawal right under the Act on the Consumer Protection in Electronic Commerce and the Act on Door-to-door Sales and whether the duty to indicate the facts corresponding to the grounds for the restriction thereon has been discharged, where the burden of proof lies (held: business operator)