온라인 쇼핑 사업자의 불공정거래행위에 대한 법적용

Distributors, which used to compete mainly in offline stores, have recently been competing with online retailers through the Internet. The growth of distribution is notable in the online field. Especially during the recent Covid-19 pandemic, the growth of the online distribution sector was remarkable. Transactions between online shopping service operators and consumers are largely divided into two types. One of them is that online shopping service operators become parties to direct transactions with consumers. If these types of transactions are subdivided, one is a direct purchase transaction and the other is a consignment transaction. A transaction in which an online shopping service operator is not a party to a direct transaction with a consumer corresponds to a case in which an online shopping service operator acts as an intermediary. Basically, this paper aims to analyze the decision cases in which the Korea Fair Trade Commission imposed sanctions on online shopping service operators for violating the Act on Fair Transactions in Large Retail Business. The Act on Fair Transactions in Large Retail Business applies to direct transactions between online shopping service operators and consumers, excluding brokerage transactions. Therefore, the subject of discussion in this paper is an unfair trade practice that occurs while an online shopping service operator purchases directly from a supplier or conducts consignment transactions. On the other hand, among the decisions imposed by the Korea Fair Trade Commission on online shopping service operators, the Monopoly Regulation and Fair Trade Act was applied to certain types of behavior because the Act on Fair Transactions in Large Retail Business did not stipulate the type of response. This type of case is examined separately from the Act on Fair Transactions in Large Retail Business.