유럽연합 디지털 서비스법을 통한 플랫폼 규제 - 디지털 서비스법 초안의 주요내용과 입법방향을 중심으로 -

Abstract

On December 15, 2020, the EU Commission announced a package for Digital Services that proposed a draft of two acts: the Digital Services Act (DSA) and the Digital Markets Act (DMA). The purpose of this paper is to analyze the content of the substantive regulations for online intermediary services and platforms. The content of these regulations are laid down in Section 3 of the DSA. Prior to that, after taking a general view of the significance, scope of the DSA, and the contents of sanctions and enforcements (II), the responsibilities imposed on online intermediary services and platforms (Ⅲ) and due dilligence obligations imposed by stages (IV) were reviewed in detail. Finally, a comprehensive evaluation (V) was briefly made on what DSA means for our platform discussion. The DSA is thought to be a legislative proposal that came out after a long discussion and research, and it seems that it is looking for an appropriate legislative form that can effectively regulate online platforms. In terms of legislative direction, DSA is expected to function as a good legislative model that can be referred to in Korea. DSA needs to be referenced in domestic legislation of Korea as it has more appropriate contents and legislative forms to regulate the platform phenomenon than the platform bills currently on the table in the National Assembly of Korea. The DSA appears to be a bill that addresses the risks arising from digital services beyond the problems arising from e-commerce. Therefore, the contents of our current legislation suggest that some of the regulations of DSA may be referred to in our e-commerce consumer protection act but it could be considered that most of the regulations should be contained in the Telecommunication Business Act or the Information and Communication Network Act. However, the current legislative form of Korea may have been the appropriate legislative form in early 2000 as in the EU, but as the online platform became the basis for online life, it is demanding a reorganization of a new legislative form as in the EU. Accordingly, such legislation of the EU is an essential reference for legislative work of the Platform Fairness Act and Platform User Protection Act currently being discussed in the National Assembly of Korea.