부당한 광고의 행정법적 규제 현황 및 향후 운용방향

As new types of advertisements appear and the advertisement market develops, the impact of the advertisements on consumers’ lives has been growing. In this sense, the adequate regulation against the deceptive and unfair advertising has grown in importance, and it is essential to set up the right direction of the regulation, indeed. The Act on Fair Labeling and Advertising(“the Act”) has provided general base for numerous acts regulating labeling and advertising. The Act has some features of regulation on fair trade as well as regulation on consumer protection. Considering the purpose of the Act, it is neither appropriate nor feasible that the Korea Fair Trade Commission(the “KFTC") is to be the sole authority to monitor and regulate all the unfair labeling and advertising behaviors in markets. It is more effective way of utilizing the administrative resources and also reasonable way of clarifying roles and responsibilities among diverse authorities. Considering growing concerns and challenges regarding advertisements such as tacit advertisement by ‘influencers’, it is more in need to seek the alternative tools such as consent resolution, voluntary regulations. It is necessary to promote the efforts of businesses on voluntary compliance and establish the groundwork for fair transaction order in the market as well as conventional administrative sanctions, so that consumers are able to make reasonable decisions empowered by access to adequate information.