통신판매중개자의 법적 지위와 책임 - 전자상거래법상 통신판매중개자책임의 재구성 -

This paper analyzed the ‘platform operator responsibility’ under the E-commerce Act by dividing it into ‘basic responsibility’ and ‘strengthened responsibility’, and tried to reorganize the responsibility. As a result of the review, the basic responsibility is generally recognized for its legislative significance, but the strengthened responsibility was found to be problematic from both theoretical and practical point of view. Accordingly, this paper suggests that recognition of “unique obligations and responsibilities arising from the status as architect and operator of platform” is preferable rather than attempting to strengthen the responsibility of the platform operator as a e-commerce seller. In summary of this paper’s conclusions: As the “architect and operator of platform”, the platform operator is obliged to form rules of transaction and maintain and manage the transaction order to ensure that transactions on the platform are carried out appropriately within the limits permitted by law. The order of platform transactions needs to be made in three respects, the legality of the supply of goods, the legality of the seller’s conduct, and the proper resolution of disputes between the parties. In each respect, it is desirable to form a principle of civil responsibility and give autonomy to platform operator if possible.