전자상거래법에서 온라인 플랫폼의 규모 등에 따른 차등적 규율 가능성 - 유럽연합 DSA와의 비교를 중심으로 -

Abstract

DSA proposed by the European Commission as an EU regulation on December 15, 2020 divides the subject of application into four types. And different levels of obligation apply to each type. Online platforms are also divided into three categories according to their size. DSA is important as a comparative legislation when the amendments to the E-Commerce Act are to be applied differentially according to the size of the online platform. This paper reviewed the following three things : What obligations DSA imposes on each online platform?, What are the provisions that can be applied differentially in the E-Commerce Act?, If online platforms were classified according to size, what criteria would be applied? Since the primary purpose of the E-Commerce Act is consumer protection, it is not desirable to differentiate the level of protection according to the size of the business operator. However, since the E-Commerce Act also includes administrative regulations, the level of regulation on online platform operators can be differentiated to the extent that market confidence can be improved. As a result, it is possible to apply differentially to the five provisions of the amendment. These include the obligation to report, to designate domestic representatives, to take action to prevent harm, to resolve disputes, and to protect consumers in e-commerce between individuals. By differentially applying the e-commerce law to online platforms in such an exceptional range, it will be possible to harmonize rational regulation and protection of innovative industries.