공유경제의 법적 과제

Abstract

The Sharing Economy is economy to give or receive partial ownership, use and enjoyment of assets, or in which members are jointly owned, used, or enjoyed. Or The Sharing Economy refers to sharing idle assets through ICT platforms. Typical examples are Uber and Airbnb. Legal issues due to the shared economy will appear in many areas. Conflicts with existing industries can lead to breaches of current laws. And consumer protection, privacy, worker protection, taxation problems occur. Business law in the current traditional economy is causing legal conflicts in the sharing economy business. For example, Uber, a vehicle sharing business, violates the Korean passenger transport business. Airbnb is also a violation of the Tourism Promotion Act. The Tourism Promotion Act requires pre-registration in order to accommodate tourists at private homes. The sharing economy is based on ICT, there is a risk that users' personal information and location information can easily be abused. We need legislation related to protection of personal information. P2P transactions among types of sharing economy are concerned about consumer damage. The corporate structure of the sharing economy is similar to the anonymous combination under the Commercial Code of Korea. It should be able to solve the responsibility problem of the sharing economy enterprise. A class action lawsuit filed in the United States claiming Uber's driver is a worker. It's still unclear, so we need clear legal improvements. In the case of individual transactions, a taxation issue arises for the individual. If the same transaction is not taxed according to the transaction type, tax equality matters. This is because it is unfair competition due to the type of transaction. Especially, interpersonal transaction is the key to understanding taxation information. In conclusion, the sharing economy will become a type of economy that occurs in the era of the Fourth Industrial Revolution. This seems to be similar to the initial introduction of e-commerce in the past. Service providers, which are a sharing economic platform, are similar to e-commerce mail-order intermediaries, so it is necessary to revise relevant legislation based on them.