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A critical review on the Full Amendment of the E-Commerce Act 2021 - Focusing on the content of regulations by the types of online platforms -
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2021년 전자상거래법 전부개정안에 관한 비판적 고찰 - 온라인 플랫폼 유형별 규율 내용을 중심으로 -

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Type
Academic journal
Author
Lee Byung-Jun (한국외국어대학교)
Journal
한국유통법학회 유통법연구 유통법연구 제8권 제2호 KCI Accredited Journals
Published
2021.12
Pages
81 - 126 (46page)

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A critical review on the Full Amendment of the E-Commerce Act 2021 - Focusing on the content of regulations by the types of online platforms -
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Abstract· Keywords

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The E-Commerce Act enacted in 2002 contained very innovative content at the time of its enactment ? although opinions may differ on the details - and at that time, the Act can be highly evaluated that it was somewhat appropriate for Korea’s status in 2002 as an IT and E-commerce powerhouse. In the meantime, however, the E-commerce environment has undergone many changes, and the emergence of new distribution channels such as mobile commerce, social media commerce, and live commerce, which was not considered in 2002, raises the need to review whether the content of regulations is appropriate or not, and requires changes in the content of regulations. However, the provision of obligation and liability of intermediaries has been criticized for avoiding legal as well as contractual responsibilities through the exemption declaimer of the fact, which is a widely spread phenomenon in the market, that “Intermediaries are not parties of the contract, but are only founders or brokers of the market.”. Therefore, it was consistently pointed out that the responsibility of intermediaries should be strengthened. Accordingly, in 2018, discussions on the full revision of the E-commerce Act were held, but eventually, the revision failed as many criticisms were raised due to lack of preparation. The Fair Trade Commission(FTC) of Korea again announced a legislative notice of the full amendment to the E-commerce Act from March 5th to April 14th, 2021(40 days). However, since then, various legislative bills have been coming out while no formal bill has been proposed by the FTC. In this study, it was discussed about the duties and responsibilities according to the types of platforms. In addition, the discussions were conducted based on the latest legislative bill, the bill of Yoo Dong-Soo, a member of the National Assembly of Korea.
#온라인 플랫폼 #중개 서비스 #연결수단 매개 서비스 #인접지역 거래 #개인간 거래 #Online Platform #Intermediary Service #Connection mediation service #Neighborhood Transactions #P2P Transactions

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References (40)

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곽관훈 / 2018 / 온라인 플랫폼사업자와 상거래법제 - ‘양면시장(Two-Sided Market)’에 적합한 규제방향 검토 - / 기업법연구 32(1):135~158 dbpia 고형석 / 2013 / 전자상거래에 있어서 조작실수방지의무와 소비자보호에 관한 연구 -모바일 전자상거래를 중심으로- / IT와 법연구 (7):117~143 google schola 고형석 / 2019 / 전자상거래소비자보호법 개정안에 대한 고찰 / 한양법학 30(1):137~174 google schola 고형석 / 2021 / 전자상거래법 전부개정안에 대한 연구 - 체계 및 총칙을 중심으로 - / 소비자법연구 7:129~164 dbpia 고형석 / 2021 / 전자상거래법 전부개정안 중 전자상거래 등에서 소비자보호에 관한 연구 / 민사법의 이론과 실무 24(3):169~218 dbpia

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