SNS상 추천ㆍ보증인과 광고주 간의 경제적 이해관계를 공개하지 않은 광고의 금지에 대한 개선안 연구 — 법률유보원칙 위반 여부를 포함하여 —

The Fair Trade Commission classifies undisclosed advertising as a type of deceptive advertisement under the Act on Fair Labeling and Advertising. The “Guidelines on Review of Labeling and Advertising Regarding Recommendations and Endorsements” specifically mandate the disclosure of any economic relationship between advertisers and endorsers/recommenders. However, the number of suspected violations regarding the placement and manner of disclosing these economic relationships has been increasing, indicating that the overall number of suspected violations related to undisclosed advertising has not decreased. Therefore, it is warranted to enhance the enforcement of these regulations. In particular, it is necessary to impose penalties on endorsers/recommenders who conceal their economic ties with advertisers and independently engage in recommendation or endorsement activities. Nonetheless, since there are cases where individuals in ordinary positions may receive minor economic benefits or where small-scale advertisers are involved, it is crucial to appropriately adjust the scope of those obligated to disclose these relationships. Furthemore, the current regulations prohibiting undisclosed advertising do not reflect the characteristics of different platforms and are uniformly applied, leading to potential reverse discrimination. Therefore, when prohibiting undisclosed advertising, it is important to consider the unique characteristics of each platform and to seek review standards that ensure consistency with other advertising regulations. The current “Guidelines on Review of Labeling and Advertising Regarding Recommendations and Endorsements” impose an obligation to disclose economic relationships between advertisers and endorsers/recommenders, but there are legal issues regarding the enforceability of this obligation. Therefore, it is essential to establish a clear legal basis at the legislative level for the obligation to disclose economic relationships between advertisers and endorsers/recommenders. This would ensure predictability in governmental actions, guarantee legal stability, and prevent arbitrary enforcement by the government.