플랫폼을 둘러싼 삼체(三體) 문제 – 공정거래법 적용을 통한 소비자 보호 필요성

In recent discussions surrounding the need to protect platform users and consumers from the dominant market powers of platform operators, there is a growing consensus that allowing collective actions among certain groups of platform users could counterbalance the market force of these dominant entities. This discourse originated from the argument that workers engaged in services mediated by platforms share apparent similarities with employees, warranting the provision of labor rights. Recently, the debate has evolved to advocate for the allowance of collective actions among other groups of platform users, such as independent contractors. However, permitting collective actions among platform users to counteract one dominant market entity with another cannot fundamentally resolve the issues stemming from the superior position of platform operators. Instead, it may obscure the core issues and inadvertently shift the burden of exploitation and dominance from platform operators and organized platform users directly onto consumers. This paper argues that allowing collective actions among platform users is not an appropriate mechanism to rectify the harms originating from the dominant status of platform operators. When considering the legal status of platform workers under labor law, any permission for collective action should be strictly limited. Furthermore, to protect consumers effectively, proactive application and enforcement of antitrust laws against exploitative abuses by platform operators are imperative.