입장권 등의 재판매에 관한 비교법적 검토- 캐나다 온타리오주 법제를 중심으로 -

In these days, there are so many performances and events from ballet, opera, musical, film to sports game, and there are just as many fans who would be eager to purchase tickets regardless of the price. Furthermore, the ticket resale market has expanded enormously due to the development of technologies for online transactions, in contrast to before when ticket resale was done by the fewer scalpers in person near the theatre. This expansion of secondary ticket market caused the secondary ticket price to be sold at a much higher price than that by the primary ticker seller. It is argued that as a byproduct of this, consumers who intend to participate in the event must suffer from the unfair financial burden, and the event organizer must be deprived of the profit which might be earned by him/herself. To correct for this unfairness, the government of Ontario, Canada has brought the new “Ticket Sales Act” this year, 2018, and other provinces are now considering the following legislation of similar regulations. The major regulations under the Act are (i) restriction of secondary ticket sales business, (ii) restriction of using the ‘bot’ in purchasing the tickets from the primary seller and (iii) cap on the ticket resale price. Under the Act, the premium for ticket resale shall be limited to within 50% of the face value of the ticket. In Korea, there is no explicit regulations regarding ticket resales as listed above, except for the sanction against the scalping of the tickets in the offline market. However, the so-overpriced ticket resale price has been found in various secondary ticket markets. In this regard, the legal analysis, whether to regulate ticket resales or not, including the cap on ticket resale price, should be discussed upon the consideration of the secondary ticket market and the pricing mechanism in Korea.