유통채널별 중소입점업체 보호를 위한 규제격차 해소방안 - 판매수수료 규제를 중심으로 -

This article aims to analyze the structure of sales commissions imposed on small and medium-sized enterprises (SMEs) across three major retail distribution channels in South Korea—online platforms, TV home shopping, and franchise networks. It further investigates how discrepancies in regulatory frameworks between these sectors influence the commercial position and economic sustainability of small business operators. The ultimate objective is to propose legal and policy reforms to enhance institutional protection for these enterprises. With the ongoing diversification of retail channels, SMEs increasingly rely on third-party platforms and distributors to reach consumers. However, each distribution format features distinct commission structures and legal oversight, giving rise to fragmented and often ineffective protections. In the online platform sector, dominant operators—under the formal guise of intermediaries—unilaterally set commission rates, advertising fees, and exposure algorithms. Yet, they remain under no binding obligation to disclose such information transparently or to uphold the contractual rights of small merchants. The TV home shopping industry, although subject to regulation under the Broadcasting Act and operator reauthorization systems, poses a different set of challenges. The concentration of programming rights, the post-settlement model, and the imposition of promotional costs result in significant financial burdens for SMEs. Even though commission rates are nominally disclosed, the lack of transparency in actual settlement procedures and cost-sharing rules exacerbates the disparity in bargaining power. In the franchise sector, revenue structures are heavily dependent on non-transparent, indirect charges such as differential franchise fees (derived from product markups), mandatory advertising fees, and exclusive sourcing obligations. These indirect commissions are not clearly disclosed in franchise disclosure documents, rendering it difficult for franchisees to estimate the actual cost of doing business. Additionally, the rise of dual commission structures—where franchisees must pay both the franchisor and external delivery platforms—further erodes profit margins and weakens economic autonomy. Despite structural similarities across the three channels, there exists a significant gap in the legal status of small business operators, the scope and intensity of regulation, and the availability of dispute resolution mechanisms. This paper identifies such regulatory asymmetry as a key factor institutionalizing structural imbalance in retail markets. In response, the article proposes a set of legal reforms: (1) the implementation of a unified disclosure system that standardizes the classification and reporting of all commission-related costs across distribution formats; (2) the introduction of pre-contractual explanatory documents and standardized contracts applicable to franchises, online platforms, and TV home shopping alike; and (3) the establishment of a cross-agency regulatory coordination mechanism between the Korea Fair Trade Commission (KFTC), Korea Communications Commission (KCC), and Ministry of Science and ICT to overcome fragmented jurisdiction. Ultimately, the protection of SMEs in Korea’s evolving retail ecosystem requires not only improved transparency but also the harmonization of regulatory oversight across diverse sales channels. The legal and policy recommendations presented in this paper seek to provide a practical framework for resolving these long-standing asymmetries and enhancing fair competition.