디지털 플랫폼과 소비자문제 - 비화폐거래(Non-monetary transactions)에 적합한 규율방향 검토 -

With the advent of the digital economy, data is emerging as a key resource and platforms are commercially available. Accordingly, transactions which consumers acquire a good or service for “free” in exchange for their personal data are increasingly commonplace. Then, the OECD defines this type of transaction as “Non-monetary transaction” and is actively discussing to find an appropriate consumer protection method. And various countries are appearing to regulate non-monetary transactions by enacting their own country's laws or showing enforcement in judgment in order to solve the consumer problem. While consumers do not pay directly to business entities in non-monetary transactions, business entities use consumer data to create enormous economic benefits such as advertising revenue in other aspects of the platform. Therefore, we can evaluate consumer data has economic value and consumers must have the right in the transaction relationship. But there is a limit to applying the traditional consumer law based on one-sided market in that the regulation on non-monetary transactions, so it is necessary to find a way to regulate non-monetary transactions using the Monopoly Regulation And Fair Trade Act, which is the Key Words:Non-monetary transactions, Data, Platform, Consumer, two-sided market, Monopoly Regulation And Fair Trade Act basis of consumer protection as well as the law that protects the transaction environment. In this regard, it is necessary to prepare the 『Guidelines for Examining the Abuse of Status in Transactions by Digital Platform Operators (tentative name)』 in order to properly regulate non-monetary transactions in accordance with the regulations on the abuse of business status in transactions under the this Act.