전자상거래에서 사업자의 위해방지 조치의무와 책임 - 온라인플랫폼 운영사업자의 의무를 중심으로 -

Abstract

The duty of online platform operators to prevent harm stipulated in the revised bill of Act on The Consumer Protection in Electronic Commerce(E-commerce Act) is to specify the responsibility to take necessary measures for consumer safety to those who form the e-commerce market. Although online platform operators are not parties to contracts between online platform operators and consumers, they have membership contracts with them and are legally obligated to provide services such as stable consumer contracts. It is not a matter to be rejected unconditionally because the online platform operator’s obligation to take prevent harm is excessive. Efforts are needed to clarify the obligations of online platform operators while preparing specific details and procedures necessary to implement all amendments. It is time to find a way for online platform operators to block the sale of goods and provide information to consumers in a reasonable and efficient manner. In order for online platform operators to take preventive measures smoothly, it is necessary to upgrade the operator and product information management system, and the combination of information produced in the current government’s recall system operation process is also required. At this point, it is difficult to estimate how the online platform operator’s duty to prevent harm will be operated only with the contents of the entire amendment. In the future, if the duty to prevent harm is legislated under the E-Commerce Act, it will be stipulated in detail in the notice, including the concept of harm, definition of serious damage, details of the duty to prevent harm, submission of the operator’s opinion, responsibility for neglect, and cost burden of recall.