위조상품 등의 판매와 온라인 플랫폼의 책임 - 미국의 소비자 정보 알림법(INFORM Consumers Act)을 중심으로 -

Abstract

In response to the exponential growth of the online platform market, ongoing discussions are underway to mitigate consumer harm arising from transactions involving counterfeit products sold by third-party sellers and to effectively resolve associated disputes. Within the United States, recent legislative endeavors persist due to the challenge of attributing civil liability to online platforms serving as conduits in e-commerce transactions involving counterfeit goods distributed by third-party sellers. The proposed SHOP SAFE Act aimed to enhance the civil liability of online platforms in such transactions by explicitly delineating contributory liability. However, the Act’s imposition of significant liabilities and broad obligations on online platforms posed obstacles, potentially hindering innovation in related industries. Consequently, this proposal did not advance into finalized legislation. Instead, the enactment and implementation of the INFORM Consumer Act ensued. This legislation primarily mandates the collection, verification, and disclosure of information regarding third-party bulk sellers on online platforms with contractual affiliations. As the prevalence of counterfeit product sales through e-commerce escalates in Korea, legislative initiatives have emerged to explicitly impose legal obligations and responsibilities on online platforms. Domestic legislation mandates active and preemptive monitoring obligations on these platforms, necessitating legal discernment. However, effectively achieving legislative objectives appears challenging given transactional realities. Furthermore, compared to the INFORM Consumer Act, the provisions of the Act On the Consumer Protection in Electronic Commerce, particularly Article 20, Paragraph 2, and Article 20-2, Paragraph 2, impose significant responsibilities on mail order intermediaries. The INFORM Consumer Act aims to protect consumers and online platforms by enhancing transparency in e-commerce concerning relevant third-party sellers, the scope of collected information, and methods of enforcing liability for platform breaches. This legislation reflects a balanced approach to advancing related industries while avoiding excessive burdens on third-party sellers. Such a perspective should inform future domestic legislation concerning the regulation of online platforms.