금융분야의 다크패턴 규제 실효성을 위한 법제도적 과제

Recently, regulations on dark patterns have been introduced mainly through the E-Commerce Act, but this law is based on a distribution-oriented industrial structure. Above all, only six types of dark patterns are currently subject to regulation and sanctions under the E-Commerce Act, while the rest are left to voluntary agreements. However, there are no such voluntary rules in the financial sector. Compared to other industries, the financial industry is particularly vulnerable to harm from dark patterns, as it is easier to utilize the behavioral data of financial consumers, especially with the introduction of the MyData system. The establishment of a legal foundation for regulating dark patterns is meaningful in itself, but current efforts remain passive in addressing the various types of dark pattern practices. In light of these challenges, this paper proposes improvements to the legislative framework. First, the current E-Commerce Act should adopt a multi-layered regulatory system. First stage: Pro-actively impose design obligations to prevent the use of dark patterns. Second stage: Establish a comprehensive, principle-based regulatory approach, built upon principles such as a ban on deceptive practices, the promotion of fair trading environments, and the assurance of transparency. Third stage: Enumerate and absolutely prohibit specific types of dark pattern behaviors, and strengthen sanctions against such violations. In light of the specific characteristics of the financial industry, a separate regulatory system must be established to address the use of dark patterns. Specifically, the Financial Services Commission should develop comprehensive guidelines that regulate the use of dark patterns by financial firms, particularly in the sale of online financial products. Once these guidelines are in place, it is essential to conduct regular empirical surveys to monitor actual practices, and the results should be made publicly available. Given the inherent difficulty in proving damages caused by dark patterns, a reversal of the burden of proof should be considered. Additionally, a reporting mechanism to the Financial Supervisory Service and the Financial Services Commission should be implemented to improve consumer accessibility and convenience in addressing dark pattern-related grievances. It is also necessary for financial institutions to establish an internal control structure. This involves setting the prevention of dark patterns as a design objective from the early stages of product development and reflecting this goal in organizational rules and procedures. The ethical risks of design should also be addressed by requiring technical methods to detect prohibited dark pattern types, particularly within AI-based systems. These prohibitions should be codified in ethical design guidelines and enforced through disciplinary measures where necessary.