개인 간 거래와 온라인 플랫폼의 규율 - 자율규제 관점을 중심으로 -
Regulation of Peer-to-Peer Transactions through Online Platforms - Focusing on self-regulation perspective -
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As transactions between individuals are activated and their scale expands, problems surrounding transactions, such as disputes between sellers and buyers, between users and platform operators, fraudulent sales, and defects in products, are becoming socialized. Therefore, in recent years, discussions to prevent disputes or fraudulent transactions in transactions between individuals and to promote damage relief for users by assigning certain obligations and responsibilities to platform operators have also begun. Recently, the government and the platform industries between individuals such as Carrot, Lightning Market, and Joonggonara are actively introducing self-regulation methods to prevent or remedy disputes occurring on the platform. Self-regulation is distinct from the relaxation or freedom of regulation, and means redistributing regulatory responsibilities to participants in transactions, not the government. In particular, in the platform economy, the platform is not recognized as the subject of regulation but as a key actor for self-regulation. In other words, it pays attention to the role of the platform that can have a great influence on the facts or legal relations surrounding transactions between individuals by designing and operating related markets. Nevertheless, some governments' intervention or supervision is still useful because the interests of online platforms, which are the core actors of self-regulation, do not necessarily correspond to the interests of society as a whole. In this paper, the characteristics and three-sided relationships are examined as a prerequisite for discipline surrounding individual transactions using online platforms as a subject of self-regulation. Next, we will explore the elements for the development of the inter-individual transaction regulation system based on self-regulation.
Abstract
As transactions between individuals are activated and their scale expands, problems surrounding transactions, such as disputes between sellers and buyers, between users and platform operators, fraudulent sales, and defects in products, are becoming socialized. Therefore, in recent years, discussions to prevent disputes or fraudulent transactions in transactions between individuals and to promote damage relief for users by assigning certain obligations and responsibilities to platform operators have also begun. Recently, the government and the platform industries between individuals such as Carrot, Lightning Market, and Joonggonara are actively introducing self-regulation methods to prevent or remedy disputes occurring on the platform. Self-regulation is distinct from the relaxation or freedom of regulation, and means redistributing regulatory responsibilities to participants in transactions, not the government. In particular, in the platform economy, the platform is not recognized as the subject of regulation but as a key actor for self-regulation. In other words, it pays attention to the role of the platform that can have a great influence on the facts or legal relations surrounding transactions between individuals by designing and operating related markets. Nevertheless, some governments' intervention or supervision is still useful because the interests of online platforms, which are the core actors of self-regulation, do not necessarily correspond to the interests of society as a whole. In this paper, the characteristics and three-sided relationships are examined as a prerequisite for discipline surrounding individual transactions using online platforms as a subject of self-regulation. Next, we will explore the elements for the development of the inter-individual transaction regulation system based on self-regulation.
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