여객자동차운송플랫폼사업 제도에 관한 규제법적 연구 — 여객자동차운송플랫폼사업 제도의 문제점을 중심으로 —

Through the revision of the Passenger Vehicle Transportation Business Act in 2020, the passenger transport platform business was added as a new type of passenger transport business. This can be seen as similar to the first institutionalized service for intermediary between drivers and passengers of private cars using a platform in California, USA in 2013. However, the two are completely different other than utilizing a platform. The passenger transport platform business simply combines platform technology with the existing passenger transport business, and it is not possible to use a private vehicle other than a commercial vehicle for service. This is because it is just using the platform to connect customers in relation to the transport business. In this regard, enabling automobiles, which could not previously be used as a means of transportation for passengers, to be utilized according to the functions and roles of the platform can be viewed as a new type of business that can be distinguished from the existing passenger transport business. However, it is questionable whether there is a need to define and regulate the platform technology currently used in all fields by simply using it in the passenger transport business. Passenger transport platform business is classified into three types: passenger platform transport business, passenger platform transport franchise, and passenger platform transport brokerage business. Passenger platform transport business must comply with almost the same permit standards as taxi transport business. Nevertheless, unlike other passenger transport service providers such as taxi transport service providers, passenger platform transport service providers are obliged to pay contributions. It is unlikely that the incentives for the passenger platform transport business will be large as it meets the requirements of the passenger platform transport business. In addition, the passenger platform transport franchise has similar licensing standards to the previous passenger transport franchise. The only difference is that the requirements for telecommunication facilities are replaced by the requirements for transport platforms. It can be seen that there is a difference in the degree of change in the service method between the passenger platform transport franchisee and the franchisee. In other words, due to the function and role of the platform, there is no essential difference in the business contents of the two. It is also questionable whether it is necessary to define it as a new concept distinguished by platform. Lastly, the passenger platform transport brokerage business does not necessarily require registration, but allows you to receive fares and charges only when registered. It can be seen that the activity is restricted in the passenger brokerage business that brokers commercial cars, which did not have a separate restriction in the past. The passenger transport platform business system introduced to protect the existing passenger transport service providers, especially taxi service providers, is a platform that all passenger transport business operators, including taxi transport companies, use the platform due to the ambiguity of the concept and limitations in the content of the system. For instance, it causes legal confusion. if a taxi service provider was previously using the platform as an auxiliary, it would be ambiguous whether it should be stopped or whether it would need to obtain a separate passenger platform transport business license in order to continue using it. As a result, results that do not meet the purpose of the introduction of the system to protect taxi service providers may occur. In addition, despite the global trend in which private car sharing is permitted due to the convergence of passenger transport business and platform technology, it is ignoring this and even hinders the convergence of platform technology in the existing passenger transport business. In the end, there is concern that the passenger vehicle transportation platform business system may be giving up the duty to promote innovation under the constitution granted to the nation.