전자상거래법 전부개정안에서 온라인 플랫폼 중개에 대한 연구

Abstract

Consumer protection in e-commerce is one of the most important areas in consumer law. However, the e-commerce act regulates not e-commerce but telecommunication sales, and it does not protect consumers faithfully in the recently changed online platform market. Therefore, the amendment of the e-commerce law is continuously required to protect consumers faithfully in the changed e-commerce. In 2018, an amendment on the Electronic Commerce Act was initiated, but it was not amended. On March 5, 2021, the Fair Trade Commission announced the entire amendment to the Electronic Commerce Act. FTC emphasized that the main content of the amendment is consumer protection in online platform transactions. The amendment changes the contents of mail order brokerage into online platforms under the e-commerce law and contains changes in many contents. But it is difficult to evaluate the contents of the revision and the amendment as faithful to consumer protection in the online platform market, and consumer protection has weakened. Therefore, the contents of the amendment should be revised in accordance with the purpose of the amendment. The summary of this is as follows. First, the definition of the online platform service in the amendment needs to be more clearly defined. Second, the amendment focuses on online platform transactions, and excludes other telecommunication sales brokerage from the application. This is not valid because it reduces the scope of the law and weakens consumer protection. Third, the contents of the two Articles should be matched because the Articles 24 and 25 of the amendments stipulating the obligations and responsibilities of the operators do not coincide. Fourth, Article 25 of the amendment is a special rule for the responsibility of the operator, but it does not coincide with the law of the exterior responsibility. Finally, the amendment of Article 4 of the Electronic Commerce Act, which is a regulation on the relationship with other laws, is deleted. But this is a very important regulation in consumer protection. Therefore, it is necessary to keep the contents of the current e-commerce law.