인플루언서 마케팅의 법적 규제: 독일 사례와의 비교연구

As the use of digital influencers to expand brands and increase business has proliferated, new difficulties were created in ensuring consumer protection. Through social networks, digital influencers provide reviews and endorsements of products. In practice, many influencers do not adequately disclose their review or endorsement which have been paid in return for advertising. Demands for strong regulation on unfair influencer marketing are growing. This paper aims to find better ways to reasonably regulate influencer marketing for sufficient comsumer protection. It analyzes current legal framework and policies regarding influencer marketing in Korea and Germany, including European Union. The Act on Fair Labeling and Advertising, the Act on the Consumer Protection in Electronic Commerce, etc. and related guidelines of Korea are examined. EU directives like the Unfair Commercial Practices Directive and German laws like the Staatsvertrag für Rundfunk und Telemedien (RStV), the Telemediengesetz (TMG), and the Gesetz gegen den unlauteren Wettbewerb (UWG) are also considered. The related court rulings are reviewed. This paper concludes by suggesting some changes in the legislative framework; legislating clear provisons regulating influencer marketing: expanding legal liabilities of influencers: ensuring declaration of interests between influencers and advertisers: and introducing methods to induce voluntary compliance of influencers.