승차공용(Ridesharing) 중개서비스와 결합된 운송서비스 제공자로서의 Uber - Uber 스페인과 관련된 유럽사법재판소 판결을 중심으로 -

Trading platforms such as Naver, Cacao, Uber, Amazon, and Airbnb are exploding and various business models are emerging. However, there are many cases in which it is unclear whether the services provided by this platform are simple intermediary services or the services as a provider of goods or services. Most trading platforms explain that they are only acting as brokers or establishers of the Internet marketplace. Trading platforms also state in the contract that the platform is not a party to the contract for goods or services and therefore does not bear any responsibility. It is also argued that the trading relationship through the sharing economy platform is not a contract between a business and a consumer (B2C) but a contract between individuals (P2P). However, these arguments of the platform are wrong. The decision of the ECJ concerning the Uber Spain shows that the arguments of the platform are wrong. In fact, trading platforms provide a variety of services in addition to the service as an intermediary within the market. The platform has a significant impact on the contractual relationship and affects the nature of the contract. In addition, a large number of sharing economy platforms provide services in a complex form, rather than in a basic form of a typical sharing economy. In other words, not just an individual becomes a provider of services or products, but a business operator provides services and goods. Therefore, it is necessary to impose legal status and responsibility corresponding to the role that the platform actually plays in the market.