앱 마켓의 양면시장성과 마켓 운영의 투명성 제고에 관한 법정책적 연구

Abstract

App Market can be seen that it contain much the nature of platform when viewed under current competition law systems. App Market operators are in position as e-commerce vendors and market dominant operators at the same time. This means that App Market operators are lying in the strong position, in an independent position, to impose restrictions on both sides made any number of transactions. Settlement cancellation problems are being solved by a reasonable way, but these are in a situation which is made through app developers’ constant problem-posing and communications about issues that may occur in the domestic market by communicating with app market operators. This, meanwhile, is a question of whether the App Market space that has complete freedom of entry & withdrawal as a perfect competition and contain the nature of public good equipped with the environment to be available for anyone is the basis for determining the behavior of the App Market. If the role of the App Market operators is only an offer of a completely free market space, their intervention will be banned as it possible, but App Market operators, by chance, are in the role as mediator who can impose necessary regulations for the smooth market operation, they can be justified that they will apply various sanctions against the market disorder acts. For that reason, App Market operators should be involved in regulating as a responsible post with the domestic legal position as well as pursuing profits. Blocking the App posts by App Market operators is recognized the rationality of block policy, however, because it would be able to give developers a feeling of being mistreated that the app with the enthusiasm of developers could be blocked without any explanation, so eventually the way to clear up the problems is only to communicate. As a matter of fact, cost-bearing by App Market operators is issued, but, if App Market operators block the App posts, they should maintain a posture that guides developers thoroughly to all the way to recognize and supplement for problems, that is the process of finding a balance between regulation and self-regulation. While constantly monitoring with respect to the terms and conditions of the companies in the Korea Fair Trade Commission, though regulations are not completely tied up companies, in a time of blocking the app posts, the authorities should amend the existing laws such as ‘ACT ON THE REGULATION OF TERMS AND CONDITIONS’ and etc. to impose the corresponding obligation to explain or respond to developers, or establish a new integrated global corporate law including provisions related to the corresponding obligation of App Market operators to developers and the settlement cancellation of App Purchase or In-App Purchase. Finally the authorities should consider the policy that can be predicted how the regulation apply and that developers & consumers can all be reasonably accommodated.