중국 전자상거래법에 관한 소고

Abstract

China with the largest e-commerce transaction market in the world enacted E-commerce Law ​of the People's Republic of China, which is a basic act for extensively regulating e-commerce aiming at legalizing the maintenance of market order, obtaining tax, and protecting consumers in the field of e-commerce, and come into effects since January 1, 2019. This act stipulates the extensive scope of applicable targets; in consequence, numerous Korean companies and private businessmen who have actively performed e-commerce for Chinese consumers by treating China as the largest reverse direct purchase country have directly become subject to this act. Major contents of this new act first determines e-commerce via SNS and personal broadcasting encompassing all types of telecommunication sales in China under regulation and fundamentally granted the duty of registration as market subjects, the duty of obtaining relevant approval, and the duty of tax payment regarding all businesses involved in e-commerce. In particular, it reinforced the duty and responsibilities of businessmen involved in e-commerce regarding the behavior of interfering the intellectual property right and the interference with the right of consumers, granted the duty of collecting and identifying information on businessmen in platforms for businessmen in e-commerce platform and duty of taking measures over unlawful acts committed by e-commerce businessmen. In addition, it granted all sorts of responsibilities and duties of maintaining the order in the e-commerce market and protecting consumers including preventing businessmen in e-commerce platform from deleting assessments on products or service written by consumers. Moreover, it stipulated to give criminal penalties such as penalty with up to two million yuan and imprisonment in case that they violate these lawful duties. Therefore, it became essential and evident for Korean companies and private businessmen who have performed e-commerce in China to keep E-commerce Law ​of the People's Republic of China in hearts. This paper attempted in-depth analysis on articles on the offshore application, registration of business, and duty of obtaining administrative approval presented in this new act, which is particularly crucial for Korean researchers and businessmen.