전자상거래법상 전자게시판 규제의 요건 및 SNS플랫폼에 대한 적용범위

Article 9-2 of the Act, which was newly established at the time of the revision of the Electronic Commerce Act in 2016, was introduced with the aim of realizing consumer protection under the newly emerged platform environment such as cafes and blogs by establishing a series of regulations for electronic bulletin board service providers. However, since it is a unique regulation in a situation where there are no unprecedented and similar laws in other countries, there are criticisms that the meaning of the clause is ambiguous and demands for the need for reasonable system management. This demand is more important for private SNS platforms, which are gradually increasing in frequency and scope of use along with the current typical electronic bulletin board. Nevertheless, legal analysis of this is not sufficient. In this paper, the rationality and specific validity of system operation were sought through the analysis of the background, purpose, background, and requirements of regulations on electronic bulletin board service providers subject to Article 9-2 of the current E-Commerce Act. Based on this, the applicability of private SNS platforms, which have recently emerged as channels for communication and transactions between individuals, was analyzed.