2021년 전자상거래법 전부개정안에 관한 비판적 고찰 - 온라인 플랫폼 유형별 규율 내용을 중심으로 -

The E-Commerce Act enacted in 2002 contained very innovative content at the time of its enactment – although opinions may differ on the details - and at that time, the Act can be highly evaluated that it was somewhat appropriate for Korea’s status in 2002 as an IT and E-commerce powerhouse. In the meantime, however, the E-commerce environment has undergone many changes, and the emergence of new distribution channels such as mobile commerce, social media commerce, and live commerce, which was not considered in 2002, raises the need to review whether the content of regulations is appropriate or not, and requires changes in the content of regulations. However, the provision of obligation and liability of intermediaries has been criticized for avoiding legal as well as contractual responsibilities through the exemption declaimer of the fact, which is a widely spread phenomenon in the market, that “Intermediaries are not parties of the contract, but are only founders or brokers of the market.”. Therefore, it was consistently pointed out that the responsibility of intermediaries should be strengthened. Accordingly, in 2018, discussions on the full revision of the E-commerce Act were held, but eventually, the revision failed as many criticisms were raised due to lack of preparation. The Fair Trade Commission(FTC) of Korea again announced a legislative notice of the full amendment to the E-commerce Act from March 5th to April 14th, 2021(40 days). However, since then, various legislative bills have been coming out while no formal bill has been proposed by the FTC. In this study, it was discussed about the duties and responsibilities according to the types of platforms. In addition, the discussions were conducted based on the latest legislative bill, the bill of Yoo Dong-Soo, a member of the National Assembly of Korea.