오픈마켓의 법적지위에 관한 연구 - 전자상거래법 개정안 및 전자금융거래법 개정안을 중심으로 -

Abstract

Prior research on the open market has largely been conducted on Act On The Consumer Protection In Electronic Commerce(hereinafter Electronic Commerce Act or ECA) and the Electronic Financial Transactions Act(hereinafter ETA), and this paper intends to comprehensively review the legal status of the open market, focusing on the recently proposed amendments to ECA and ETA. In this paper, the open market is classified into four types based on the roles of simple intermediary, performer of some important tasks, seller, and electronic financial transaction service provider. Open market as simple intermediary is mail-order broker under ECA, and under ETA, it is electronic financial business entity only when payment settlement is performed by electronic methods. Under the amendment, open market is online platform operator under ECA and is not applicable to electronic financial business entity under ETA If open market performs some important tasks while conducting brokerage transaction, open market may be mail order broker who performs some important tasks under ECA, and under ETA, electronic financial business entity may be included in the payment settlement or payment by electronic method. Under the amendment, open market may be an electronic payment business operator only if it is online platform operator that performs some important tasks under ECA and performs payment by electronic payment method, and under ETA, it is not electronic financial business entity. When open market makes a direct purchase while conducting a brokerage transaction, from the perspective of the current law, open market is mail-order broker who is mail-order distributor under ECA, and according to ETA, open market may be user for electronic financial business entity and chain store for consumers. From the perspective of the amendment, open market is online platform operator that can make direct purchases under ECA, and according to ETA, open market may be user for electronic financial business entity and chain store for consumers as in the current law. If open market provides its own electronic financial transaction services while conducting intermediary transactions, open market is mail order broker and electronic payment business operator under ECA, and according to ETA, it is electronic financial business entity. And from the perspective of the amendment, open markets is online platform operator and electronic payment business operator, under ECA, and according to ETA, it is electronic financial business entity in the same way as the current law.