TV홈쇼핑산업 규제패러다임의 재구성

Since its inception in 1995, the domestic TV home shopping industry has continuously grown by leveraging its unique sales methods compared to other distribution channels. Particularly during the COVID-19 pandemic, the industryʼs role as an effective sales route, catering to the increased consumer preference for non-face-to-face transactions, became more prominent. To operate in South Korea, TV home shopping businesses must receive approval from the Ministry of Science and ICT. Currently, there are seven approved operators of live broadcast channels and ten data home shopping providers. TV home shopping operators use broadcasting media, which carries public responsibility, and function as intermediaries between suppliers and consumers. This setup raises concerns about potential unfair trading practices between suppliers and operators. Consequently, the TV home shopping market is subject to stringent regulations, including broadcasting laws and fair trading statutes. Moreover, different laws apply based on the types of products sold, and home shopping broadcasts are considered program advertising, subject to additional regulations from the Korea Communications Commission and advertising laws. * Professor in Law, Incheon National Univ. Division of LawThe rapid development of internet and mobile technologies, along with increasing non-face-to-face consumption preferences, has led to the rise of live commerce (L-Commerce), various OTT services, and real-time product advertising through social media. This has caused a sharp decline in TV viewership and a continuous drop in TV home shopping revenues. Given that the TV home shopping industry has played a crucial role in sustaining the paid broadcasting ecosystem through transmission fees and providing distribution channels for small businesses, it is essential to address the industryʼs declining growth and seek ways to restore and enhance its competitiveness. This paper analyzes the issues with the current re-approval system for TV home shopping operators and proposes improvements to stimulate market activity. It highlights the lack of systematic coherence and clarity in evaluation criteria, as well as the uniform application of broadcasting law standards, which undermine the effectiveness of the re-approval system. While a comprehensive review or abolition of the system might be considered, the paper proposes detailed improvements as a more immediate solution. Furthermore, to address the issue of rising transmission fees, the paper advocates for the establishment of a robust verification process by the Ministry of Science and ICT and emphasizes the need for government intervention to balance negotiation power between TV home shopping operators and fee negotiators. It also suggests revising the current transmission fee guidelines to enhance their effectiveness by strengthening the role and functions of the compensation verification committee.