공유⋅구독경제관련 입법동향 및 입법정책의 과제에 관한 연구

Abstract

E-commerce, which has developed with the advent of the Internet, is becoming a major trading methods to trade goods. However, e-commerce is one of the ongoing development forms of transactions, not the completed form. Therefore, as time goes by, new types of e-commerce are emerging, one of which is the sharing economy or the subscription economy. The sharing economy maximizes the value of use for limited resources, and unlike other e-commerce, suppliers and consumers are not specified. Therefore, a business operator or a individual can become a supplier. However, the growth of the shared economy causes conflicts with existing industries and consumer protection problems. Therefore, various legislation is being promoted to solve these problems. However, the direction of legislative promotion is not being promoted comprehensively and consistently by setting up the basic policy direction for the shared economy, but being promoted by each field. Of course, it is not reasonable to pursue legislation uniformly as a shared economy. However, the sharing economy is a trend of the times, and it is necessary to establish a basic policy direction at the national level. In this respect, although the Framework Act of the Sharing Economy was proposed, the concept of sharing economy in this Act is narrow, and the whole sharing economy can not be included. In addition, the revised bills to solve the problems that arise in the shareong economy are also valid, but these are also a reality that it causes new problems. In particular, the fundamental problem is that only one party's opinions are collected in promoting legislation. In addition, the sharing economy is based on an online platform, and the status of a platform operator, which can be called a broker, is superior to all trading parties. However, bills on these does not fully reflect the changed market environment because it adopts regulation methods for the 20th century brokerage. Therefore, policy direction at the national level should be established to foster or revitalize the sharing economy, and it is necessary to improve related laws based on this. In addition, legislations on these should be promoted in a way that imposes appropriate responsibility on the status and role of a platform operator who is leading the sharing economy considering the characteristics of the sharing economy.