온라인 플랫폼 중개거래의 공정화에 관한 법률안에 관한 연구

The government proposed a bill on the fairness of online platform brokerage transactions in 2021. The main purpose of the bill is to protect the users who are the majority of small and medium-sized businesses by prohibiting unfair trade practices of brokers. However, the contents of the bill are not intended to protect users but to protect brokers. In particular, the bill is causing problems of reverse discrimination or equity by imposing relaxed regulations on large brokers. The summary of this is as follows. First, the right to unilateral termination or change of contract contents of brokers is to legalize unfair trade practices of brokers. Also, it conflicts with unfair trade practices prescribed by the government. Second, the types of unfair trade practices prescribed in the bill are the same as those prescribed in the Fair Trade Act. Therefore, criticism is raised that there is no independent content to regulate unfair trade practices in the online platform brokerage market. Third, the ban on retaliatory measures is almost identical to the contents of the Fair Trade Act. However, there is a limit that it can not be sanctioned if retaliatory measures are imposed on the grounds of other acts, since the object of prohibition of retaliation measures prescribed by the Fair Trade Act is limited. Fourth, the bill stipulates liability for damages by civil regulation, but unlike the Fair Trade Act, it does not define the three-fold compensation system and the system for recognizing damages by the court. Finally, the bill stipulates administrative regulations and punishment. This problem occurred because it was modeled on the large-scale distribution business law. But imposing a mild regulation to large brokers is contrary to the purpose of legislation.