유통시장의 정산기간 규제에 관한 연구

Abstract

Recently, Wemakeprice and Tmon's failure to settle the price to sellers such as suppliers or travel agencies has caused a lot of damage to suppliers, sellers, and consumers. In order to respond to the damage caused by the delayed settlement, the government is discussing ways to improve the system, such as shortening the settlement period and managing sales proceeds separately. The Korea Fair Trade Commission announced a revision to the Act On Fair Transactions In Large Retail regarding the shortening of the settlement period. But there is room for another problem if it is legalized and enforced. First of all, the fundamental problem with the current Wemakeprice and Tmon crisis is that the company is insolvent. Whether it is a platform company or a general company, if the company is insolvent or even bankrupt, there are inevitably numerous bond and debt relationships surrounding it. In other words, the problem with the current Wemakeprice and Tmon crisis is insolvency, not the settlement period. Legislating the settlement period does not solve all problems. In reality, various forms of transactions such as direct purchase transactions, brokerage transactions, and consignment transactions are mixed within a single platform, and online and offline distributors are competing with each other. In this reality, it would not be easy to regulate only online distribution transactions or specific transactions to shorten the settlement period, and it is questionable whether there is a need to distinguish between them. A particularly big problem is that there is a mismatch with the provisions of the Act On The Consumer Protection In Electronic Commerce, which are intended to protect consumers. In a word, there is a concern that moral hazard, such as selling fake trademarks, may become easier, while damage relief for consumers may become more complicated. Revision of the law to shorten the settlement period will not eliminate the situation of insolvency of online distributors. Rather, it may block the liquidity of financially unstable online distributors, making it more difficult. If the liquidity of settlement payments exceeding tens of trillions of won per year is blocked, the overall national economy may shrink. In the case of promoting the enactment or amendment of legal regulations, it is necessary to read the trend of market changes and review measures that consider all the interests of various participants.