日本のテレビショッピング市場の現状 - 法規制の側面から -

Abstract

In Korea, certain approvals are required to operate a television shopping business, but in Japan, no such approvals are required. This approval system in South Korea has been criticized from a legislative perspective and will likely be abolished soon. Therefore, it is necessary for South Korea to create a new system to replace the current one. In this regard, it is worth considering using the Japanese system as a reference, as it provides an option. Television shopping is a type of transaction that is a type of general sales contract, and therefore the principles of the Civil Code apply. However, due to the unique nature of this transaction, regulations are being put in place to clarify the content of the contract and to correct the asymmetry of information between businesses and consumers. To make such regulations effective, the industry is subject to self-regulation. In Japan, TV shopping is regulated by the "Specified Commercial Transactions Act." This Act takes into consideration the interests of the parties involved in TV shopping by regulating them under civil and administrative law. Furthermore, in Japan, an association of television shopping operators called JADMA(Japan Direct Marketing Association) has been created to ensure that the provisions of the Specified Commercial Transactions Act are enforced, and through these activities, efforts are made to ensure compliance with the provisions of that Act. The key point here is that, in addition to the existence of the Specified Commercial Transactions Act as a special law, its effectiveness is left to industry self-regulation and the activities of consumer groups. The damage suffered by consumers from television shopping may be small at the individual consumer level, but it can cause enormous damage when viewed as a group of consumers. In light of the special nature of such consumer transactions, it can be said that a unique system has been constructed in that it seeks to resolve issues through not only hard law but also soft law.