온라인플랫폼을 이용한 “개인 간 거래”의 규율 - 전자상거래법의 해석론⋅입법론상 문제점 -

Abstract

In this paper, we examine whether ‘transactions between individuals’ using online platforms fall under ‘mail order sales’ as regulated by the E-Commerce Act. Additionally, we analyze whether the intermediaries involved in these individual transactions qualify as ‘mail order intermediaries’ or online platform operators. Following this, we explore how to legislatively set the direction for regulating the responsibilities of online platform operators engaged in transactions between individuals. The summary of the examination results is as follows: According to the definition of mail order sales under the E-Commerce Act, the Act does not exclude C2C (Consumer-to-Consumer) transactions from the category of mail order sales. Additionally, intermediaries engaged in C2C transactions are also included in the category of mail order intermediaries. However, for mail order intermediation to be established, the mail order intermediary does not need to be involved in the entire process of the transaction (providing information, receiving offers, concluding contract, etc). Therefore, the business model of ‘Danggeun’, which is set up to facilitate face-to-face contract formation, can also be included in the category of mail order intermediation, and Danggeun is interpreted to hold the status of a ‘mail order intermediary engaged in C2C transactions.’ According to this interpretation of the current law, the regulatory content of the proposed bill for the full revision of the E-Commerce Act, which only applies the duty to provide the seller’s identity information among the three basic liabilities of intermediaries to online platform operators engaged in C2C transactions, needs fundamental reconsideration. First and foremost, it is necessary to redefine the basic concept to include intermediaries engaged in C2C transactions within the scope of online platform operators, so that the ‘duty to take necessary measures for dispute resolution etc.’ applies. Instead of deleting the duty to provide a method for viewing seller’s identity information, it is appropriate to adjust and maintain it to the duty of providing the seller’s name and contact information only upon the consumer’s request. Furthermore, it is necessary to enhance the ‘duty of notification’ reflecting the characteristics of C2C transactions. The ‘duty to cooperate in dispute resolution’ proposed in the bill for full revision should be maintained to ensure the effectiveness of dispute resolution. When amending the content of liability regulation for intermediaries engaged in C2C transactions under the E-Commerce Act, consideration based on this direction is required.