한국의 디지털 플랫폼 규제추진에 대한 비판과 대안 = A study on criticisms of South Korea's push to regulate digital platforms and suggestions for alternatives

다국어 초록 (Multilingual Abstract)

Countries like Europe, China, and the U.S. are pursuing regulatory policies that align with their national interests, which is understandable. However, Korea's platform regulatory policy seems to have lost its consistency and rationality and has been hatching in the political situation for the last 10 years. In the last 5-6 years, the regulatory promotion bills have attempted to regulate platform businesses like state-owned enterprises or large-scale retailers without any rational basis, and then turned to self-regulatory policies, and are now promoting European-style regulatory bills like DMA. However, the Digital Market Act (DMA) that Europe wants to implement is inappropriate in the following ways. First, the rigidity and lack of clarity in the designation of regulated gatekeepers. It is assumed that a gatekeeper enjoys or will enjoy a firm and continuing dominant position in the market, but empirical evidence suggests that it is too unclear whether a certain size of position over a three-year period will lead to a "firm and continuing position" in the market in the future. Furthermore, data aggregation restrictions, interoperability obligations, etc. may have a detrimental effect on the quality and innovation of services offered to consumers. Second, the inappropriateness of applying ex ante regulation to platform markets. The digital economy plays a value-added role across all sectors of society, including agriculture, transportation, health, commerce, and communications, rather than in a specific area, so there is no "specific area" for ex ante regulation. And from a regulatory consistency perspective. The most important point of the DMA is that the targeted gatekeepers have different business models, technologies, users, products/services, etc. Therefore, it is not reasonable to apply the same uniform regulation to all "gatekeeper" platforms that are estimated by quantitative indicators such as sales volume like the DMA. Therefore, this article proposes the following directions for regulating digital platforms that are suitable for Korean market conditions: 1) avoidance of pre-regulation for innovation, 2) promotion of global competitiveness, 3) design of cooperative policy promotion governance, 4) consideration of user (consumer) welfare, and 5) promotion of active autonomous policies.