SNS에 경제적 대가를 제대로 표시하지 않은 추천 ․ 보증인의 기만광고에 대한 표시 ․ 광고법상 법적 책임

With the development of mobile devices, viral marketing with Social network services(“SNS”) has increased. Not only influencers but also normal people advertise on SNS. According to the Korean Fair Trade Commission’s guideline, endorsers should disclose economic relations on the posts. If they didn’t, the posts may mislead consumers and undermine fair trade order. According to the Commission, endorsers are not undertakings under the Act on Fair Labeling and Advertising. So, the Commission have imposed sanction to traders, not to endorsers, when endorsers didn’t disclosed the economic relations. It is appropriate, because the traders obtain advertising effect by the posts, as following the precedent cases. However, in Germany, France, Italy and England, both the traders and influencers have legal liabilities. The Korean Commission should punish traders and the influencers who regularly received a considerable amount of economic rewards and continuously undisclosed the economic relations on SNS.