플랫폼 경제시대에 있어 제조물책임법의 확장 - Oberdorf v. Amazon.com Inc. 판결을 중심으로 -

Abstract

Recently, there are active discussions to strengthen the responsibility of the e-commerce platform. In particular, ‘Oberdorf v. The Amazon.com Inc.’ case is significant. Because the judgement approves product liability of the platform under certain requirements. And the Supreme Court's recent judgement on violation of ‘fixed price book sales system’ by e-commerce platform also extends platform responsibilities. This confirms that domestic trends for platform providers are not very different from the EU and other countries. Compared to the early periods, today's e-commerce platform is not just about the role of the market. It is involved in many areas of transaction relations, such as conclusion of contracts, payments, fulfilling contracts and refunding. It also creates a great deal of trust in the customer, creating an appearance that guarantees the safety and quality of the goods or services. In particular, with regard to product liability, the e-commerce platform serves as a facilitator to connect suppliers and consumers, and also plays a role in establishing distribution channels for such products in Korea. Therefore, the scope of the subject of liability should be expanded under the Product Liability Law so that the operator of the e-commerce platform can take responsibility. Typically, supplementary liabilities such as supplier liability under the Product Liability Law may be considered. Proper consumer protection requires a revision of the law to reflect the above.