Since the 2020s, online platforms have become core infrastructure across economic and social spheres, and regulatory debates aimed at addressing the abuse of market power and various societal risks associated with platforms have intensified both domes...
Since the 2020s, online platforms have become core infrastructure across economic and social spheres, and regulatory debates aimed at addressing the abuse of market power and various societal risks associated with platforms have intensified both domestically and internationally. In South Korea, discussions are underway regarding the introduction of strong ex ante regulations that would designate dominant platforms in advance based on quantitative criteria such as revenue or user numbers and impose uniform prohibitions on certain conduct. However, such an approach raises fundamental questions regarding the legitimacy and effectiveness of regulation, insofar as it seeks to govern platforms with differing functions, roles, and risk structures under the single, undifferentiated category of “online platforms.”
Accordingly, this study aims to identify the limitations of uniform platform regulation based on standardized criteria and, by recognizing that different risks and protected legal interests arise depending on the functions and types of online platforms, to propose a reconfiguration of platform regulation toward a differentiated, risk-based regulatory framework tailored to platform types. To this end, the study classifies online platforms into three categories—(i) infrastructure platforms, (ii) transaction intermediary platforms, and (iii) information intermediary platforms—by comprehensively considering the objects they substantively mediate, their positions within the platform ecosystem, and their modes of value creation, and analyzes the protected legal interests and risk structures that provide the normative basis for regulation for each platform type.
More specifically, infrastructure platforms are characterized by the risk of distortion of the competitive order resulting from structural market power, with the restoration of fair competition serving as the primary regulatory objective. Transaction intermediary platforms, by contrast, are primarily associated with risks of distortion in transactional order arising from the design and coordination of transaction terms and information flows. Regulation in this area can be further divided into consumer protection and business user protection: the former functions as a form of social regulation aimed at addressing information asymmetry and protecting weaker parties to transactions, while the latter operates as economic regulation intended to control abuses of superior bargaining position and to secure fair competitive conditions. Information intermediary platforms, meanwhile, present significant societal risks, most notably the dissemination of illegal content and the collection and use of behavioral data.
Based on this analytical framework, the study examines the key issues that have been repeatedly raised in legislative proposals on online platform regulation submitted to the National Assembly, as well as major regulatory issues arising under existing statutes, including the Telecommunications Business Act, the Act on Consumer Protection in Electronic Commerce, and the Personal Information Protection Act. Specifically, the study conducts a detailed analysis—through the lens of platform-type-specific risks and regulatory objectives—of recent regulatory issues such as antitrust regulation of dominant firms, unfair trading practices between online platforms and business users, ex ante technical measures to prevent the dissemination of illegal filmed content, dark pattern regulation, and responsibility for the processing of behavioral data. Through this analysis, the study assesses the adequacy of the current online platform regulatory framework and systematically evaluates its coherence, over-inclusiveness, and under-inclusiveness, with particular attention to whether existing regulations are designed and implemented in proportion to the risks associated with each type of online platform.
The study also emphasizes the subsidiary nature of government regulatory intervention. Given that online platforms are characterized by complex technical architectures and rapidly evolving modes of service operation, platform operators themselves are often better positioned than regulatory authorities to identify internal risks in a timely and accurate manner. From this perspective, self-regulation that leverages the expertise and internal control capacities of platform operators should be given priority in addressing platform-related risks, while public regulation should intervene in a supplementary manner where the limits of voluntary measures become apparent. At the same time, in areas where the nature and severity of risks are particularly significant, a risk-based approach is required, under which the intensity and density of regulatory intervention are adjusted in a graduated manner in proportion to the level of risk.
For example, structural monopolization by infrastructure platforms presents regulatory gaps that are difficult to address through ex post regulation alone, which may warrant consideration of limited forms of ex ante regulation. By contrast, imposing equally stringent ex ante regulation on transaction intermediary platforms or information intermediary platforms would constitute disproportionate overregulation. In these areas, regulatory approaches centered on self-regulation or ex post conduct regulation, tailored to the specific protected legal interests at stake, are more consistent with the principles of proportionality and subsidiarity.
In conclusion, this study proposes that the future regulatory framework for online platforms should be restructured into a differentiated system consisting of four regulatory tiers: (i) an entry regulation layer applicable to all platforms (low-risk); (ii) a domain in which self-regulation should be given priority (medium-risk); (iii) a domain in which general conduct regulation should be maintained but further refined (medium-to-high-risk); and (iv) a special forms of ex ante conduct regulation are required to address structural monopolization (high-risk).
The study further argues that the central challenge of online platform regulation does not lie in the enactment of a new, comprehensive platform law, but rather in the coherent allocation of regulatory instruments in proportion to platform-type-specific risks and protected legal interests. The public law analytical framework and differentiated regulatory model advanced in this study are expected to contribute to the establishment of a Korean model of online platform regulation that protects fair market order and user interests without undermining innovation in the digital economy.