중국과 한국 간 E-Commerce 규제환경 비교 및 시사점

초록

The purpose of this study is to compare and analyze the regulatory framework of cross-border E-commerce (CBEC) between China and Korea to find out how differences in regulatory philosophy and enforcement methods affect market structure and corporate behavior. With e-commerce emerging as a key area of the global trade order due to the development of digital technology and the spread of the platform economy, strengthening regulations in each country is increasing the cost and legal uncertainty of cross-border transactions for companies. However, existing studies have not sufficiently explained how regulations actually work and their practical impact on the market, mainly by comparing laws and regulations. Therefore, this study compared the regulations of e-commerce in China and Korea through the analysis framework of ① Regulatory Philosophy, ② Regulatory Mechanism, and ③ Regulatory Power for Business Behavior. As a research method, qualitative research focusing on the analysis of legal and policy literature and a comparative approach was used. As a result of the analysis, it was confirmed that China adopts a state-led and pre-regulatory model in which the platform is positioned as the management entity of the transaction order with national security and data sovereignty as its core values, while Korea maintains a legal system-based post-regulatory model centered on consumer protection and fair competition. These differences in regulatory structure were found to have a structural impact on a company's market entry method, data processing strategy, and platform dependence in cross-border e-commerce. This study expands the scope of analysis of digital trade and regulatory research by conceptualizing e-commerce regulation as a 'regulatory dependent transaction structure' and provides policy implications for future discussions on the consistency of international e-commerce regulations.

키워드