온라인플랫폼 ʻ자율규제기구ʼ의 적합 유형에 대한 검토

Translated title of the contribution: A study on suitable types of online platform ʻself-regulatory organizationsʼ

Research output: Contribution to journalArticlepeer-review

Abstract

The self-regulatory organization plays a key role in self-regulation as the body that enacts and enforces the code of conduct. Therefore, no matter what type of self-regulatory system is adopted, the role and authority of the ‘self-regulatory organization’ is very important.. In particular, as the current self-regulation issues surrounding the online platform are discussed under the premise that the strong legislative government(administrative) regulation attempts that have been carried out for the past two years are not appropriate, it is necessary to find a self-regulatory organization suitable for the online platform. .In this study, after reviewing the basic direction of the online platform self-regulatory organization, I tried to find a way to install a self-regulatory organization suitable for the online platform ecosystem. According to the type of self-regulation, the self-regulatory organization can be classified as 'individual business self-installation type', 'industry-led installation type', 'government-led installation type' and ‘government delegation type(public service entrustment type)’. In the case of 'government-led installation type', it can be seen that most of them appear in areas that are strongly regulated industries such as finance, franchisees and so on. However, the online platform business, as a value-added communication service provider, is free to enter, and in view of its change and dynamics, the risk of market failure is also low and the degree of public interest of the business is low. Therefore, in principle, it is not reasonable to design it as such a ‘government-led installation type'. In view of the nature of the online platform, the self-regulatory body should be designed in a way that can ensure the followings. : ① flexibility to reflect change, mobility, and innovation, ② ability to resolve conflicts stemming from relevance to all industries, ③ global orientation based on deterritoriality ④ enforcement power and effectiveness, etc. It .Therefore, in the case of an online platform self-regulatory organization, an ‘industry-led installation type’ is desirable. However, in case of unavoidably selecting a ‘government-led installation type’, it is reasonable to choose the most relaxed method and legal basis.
Translated title of the contributionA study on suitable types of online platform ʻself-regulatory organizationsʼ
Original languageKorean
Pages (from-to)358-385
Number of pages28
Journal법조
Volume71
Issue number6
DOIs
StatePublished - 2022

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