개인 간의 거래에 있어서 소비자성 및 사업자성에 대한 연구 - Kamenova 사안과 전자상거래법의 적용가능성을 중심으로 -

The development of technology makes it possible to change the transaction patterns, and it is a task given to our academia to examine whether the existing laws and systems can be applied to these changed transaction patterns. For example, one of the reasons why the concept of consumer has been discussed in a number of papers in the past is that there was a need to protect consumers who lacked information about goods etc. due to changes in transaction patterns. This ultimately resulted in discussions to include or exclude a person from the concept of consumer, and legislation and amendments were made based on these studies. One of the most notable transaction patterns is the transaction of used goods, etc. (second-hand transaction) based on the platform, and this change is forcing the discussion of business characteristics, namely the concept of businessperson, rather than the discussion of consumer characteristics, namely the concept of consumer in previous studies. In this regard, as pointed out in the full amendment to the E-Commerce Act, which was announced on March 5, 2021 in Korea, it can be acknowledged that “there are shortcomings in the areas of damage relief and dispute mediation” in the transaction of used goods etc. However, in this paper, in order to point out that there is a need for discussion as to whether one of the parties to a transaction can be a consumer, Kamenova case, which presents a standard for judging whether the other party is a businessperson, was introduced and analyzed. In addition, it was revealed that all second-hand transactions cannot be regarded as a business-to-consumer relationship (B2C), and at the same time, the applicability of the e-commerce act was reviewed.