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논문 기본 정보

저자정보
(부산대학교 법학전문대학원) (부산대학교)
저널정보
경북대학교 IT와 법 연구소 IT와 법연구 IT와 법연구 제32호
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    초록·키워드

    Consumer-to-consumer (C2C) transactions mediated by online platforms have become a central feature of the digital marketplace. However, such transactions are characterized by anonymity, information asymmetry, and non-face-to-face performance structures, resulting in the frequent occurrence of small-value and repetitive disputes. Traditional judicial remedies and public alternative dispute resolution (ADR) mechanisms often fail to provide effective relief due to procedural complexity, cost, and time constraints. Consequently, the practical resolvability of disputes, rather than their formal legal justiciability, has emerged as a key determinant of market trust. This article argues that online platforms should not be reconceptualized as primary bearers of substantive liability in C2C disputes, but rather as procedural intermediaries and information gatekeepers within a multi-layered dispute resolution framework. To this end, the article examines the structural characteristics of C2C transactions and their typical dispute patterns, and analyzes the normative implications of Article 20-4 of the amended Korean Act on Consumer Protection in Electronic Commerce, effective in 2026. A comparative analysis of the dispute resolution regimes in the United States, the European Union, and Japan reveals a converging model in which platform-based online dispute resolution (ODR) functions as a first-line absorption mechanism, while maintaining institutional linkages to public ADR bodies and judicial procedures. Building on these findings, the article proposes minimum procedural standards for platform-based ODR—namely clarity, transparency, and accessibility—together with a carefully calibrated approach to information sharing that prioritizes data minimization and privacy protection. It concludes that the effectiveness of C2C dispute resolution depends not on the expansion of platform liability, but on the construction of an integrated dispute management ecosystem in which autonomous platform procedures are structurally connected to public and judicial remedies.

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