중고거래 플랫폼(오픈마켓)을 이용한 불법행위 실태분석과 대응방안

국문요약 ····················································································· 1

제1장
서론 ···························································································· 7
제1절 연구의 필요성 및 목적 ································································· 9
제2절 연구 대상 및 연구 방법 ····························································· 11
1. 연구 대상 ························································································· 11
2. 연구의 범위 ······················································································ 12
3. 연구 방법 ························································································· 13
제3절 연구의 내용 및 구성 ··································································· 15

제2장
온라인 중고거래 현황 및 이론적 논의 ································· 17
제1절 온라인 중고거래의 개념과 특징 ·················································· 19
1. 온라인 중고거래의 의의 ··································································· 19
2. 온라인 중고거래의 특징과 불법 취약성 ··········································· 21
3. 온라인 중고거래 관련 선행연구 ······················································· 24
제2절 국내외 온라인 중고거래 시장현황 및 중고거래 플랫폼별 특징 ····· 28
1. 국내외 중고거래 시장현황 ································································ 28
2. 국내 주요 중고거래 플랫폼의 특징 ·················································· 30
제3절 주요 플랫폼 사의 이용자 보호 관련 운영 정책 ························· 34
1. 주요 플랫폼 사의 분쟁해결절차 및 분쟁해결기준 ··························· 34
2. 거래금지품목에 대한 식별 방식 및 제재 현황 ································ 42
3. 전문판매자에 대한 플랫폼 측의 규제 ·············································· 44
4. 이용자 보호 관련 정부 부처와의 협업 및 논의 ······························ 47

제3장
개인 간 거래 분쟁 현황 ························································ 49
제1절 서론 ····························································································· 51
제2절 국내 개인 간 거래 분쟁 현황 ····················································· 53
1. 분쟁조정 건수를 통해 본 개인 간 거래 분쟁 현황 ························· 53
제3절 개인 간 거래의 특징 및 적용법률 검토 ····································· 58
1. 개인 간 거래의 특징 ········································································ 58
2. 개인 간 거래의 적용법률 검토 ························································ 60
제4절 해외의 법제도 분석 ····································································· 81
1. 유럽연합(European Union, EU) ···················································· 81
2. 일본 ·································································································· 86
제5절 결론 ····························································································· 95

제4장
중고거래 플랫폼에서 발생하는 불법행위 현황 및 주요 유형 ··· 97
제1절 중고거래 관련 민원 키워드 분석 및 불법행위 유형화 ··············· 99
1. 민원 빅데이터 분석 ········································································ 100
2. 중고거래 관련 연도별 민원 건수 추이 ········································ 100
3. 각 플랫폼 및 주제별 연관 검색어 ················································· 103
4. 불법행위 유형화 ············································································· 105
제2절 공식 자료에 나타난 중고거래 관련 불법행위 현황 ·················· 106
1. 사기 ································································································ 106
2. 거래금지품목 유통 ·········································································· 110
3. 의약품 불법거래 ············································································· 112
4. 해외 직구품 불법 거래 ·································································· 117
5. 전문판매자 미신고로 인한 탈세행위 ·············································· 119
제3절 소결 ·························································································· 125

제5장
이용자 설문조사와 심층면접을 통한 실태 분석 ················ 127
제1절 조사 개요 ·················································································· 129
1. 이용자 대상 설문조사 ···································································· 129
2. 이용자 대상 집단 좌담회 ······························································· 132
제2절 중고거래 플랫폼 이용 관련 특성 ·············································· 137
1. 중고거래 플랫폼 이용 관련 일반적 특성 ······································· 137
제3절 거래금지물품에 대한 경험 및 인식 ·········································· 152
1. 거래금지물품 인지 여부 ································································· 152
2. 거래금지물품 게시물에 대한 경험 및 인식 ··································· 153
3. 거래금지물품 거래 여부 및 거래 빈도 ·········································· 155
4. 거래금지물품 게시물에 대한 이용자 대응 ····································· 157
5. 거래금지물품 게시물에 대한 플랫폼 측의 대처 ····························· 159
제4절 중고거래 분쟁 경험 ·································································· 161
1. 분쟁 경험 ······················································································· 161
2. 분쟁 유형 ······················································································· 163
3. 분쟁을 경험한 물품의 가액 ···························································· 166
4. 분쟁 대처 방식 ·············································································· 167
5. 분쟁처리 완료 여부 및 분쟁처리 소요 기간 ································· 170
6. 배상 여부 및 배상 요인 ································································ 171
7. 플랫폼 및 외부 기관의 분쟁처리 조치 만족도 ······························ 172
제5절 중고거래 범죄피해 경험 ···························································· 177
1. 피해 경험 ······················································································· 177
2. 피해 유형 ······················································································· 179
3. 피해 대처방식 ················································································ 187
4. 가해자 검거 여부 및 피해 배상 여부 ············································ 194
5. 플랫폼 측 조치 만족도 ·································································· 196
제6절 분쟁 및 범죄피해 예방활동 ······················································ 198
1. 물품 구매전 판매자 판매 이력 또는 거래 후기 확인 여부 ··········· 198
2. 사기 판매자 식별을 위한 노력 ······················································ 199
3. 안전결제(에스크로) 시스템의 활용 ················································· 201
4. 안전결제 시스템 의무화에 대한 인식 ············································ 206
5. 안전결제 시스템 의무 적용 시 보완해야 할 점 ···························· 208
6. 자동구매 확정기간 기준에 대한 인식 ············································ 208
제7절 미신고 전문판매자 현황 및 인식 ·············································· 212
1. 미신고 전문판매자에 대한 이용자 인식 ········································· 212
2. 전문판매자들의 플랫폼 내 사업자 신고 실태 ································ 215
3. 거래금지물품 판매 실태 ································································· 217
4. 안전결제시스템에 대한 전문판매자 인식 ······································· 218
5. 미신고 전문판매자들의 세금 관련 인식 ········································· 219
제8절 건전한 중고거래 문화 조성을 위한 플랫폼 사와 정부의 역할 ····· 221
1. 안전한 거래를 위해 플랫폼 측에 바라는 점 ································· 221
2. 안전한 거래를 위해 정부에 바라는 점 ·········································· 224
제9절 이용자 분쟁 및 범죄피해 취약성 요인 ····································· 229
1. 분쟁 취약성 ···················································································· 229
2. 범죄피해 취약성 ············································································· 235
제10절 소결 ························································································ 242
1. 설문조사 및 좌담회 주요 결과 ······················································ 242
2. 분쟁 경험자와 범죄피해 경험자의 범죄취약성 비교 ······················ 249

제6장
온라인 중고거래를 통해 발생하는 불법행위 대응체계 ····· 257
제1절 서론 ·························································································· 259
1. 연구의 배경.목적 및 방법 ····························································· 259
제2절 사이버범죄와 온라인 사기 ························································ 262
1. 사이버범죄 현황 및 추이 ······························································· 262
2. 온라인 사기의 유형 ········································································ 271
제3절 연구방법 ···················································································· 276
제4절 신고 대응상의 실태 및 현황 ···················································· 277
1. 경찰청 사이버범죄 신고시스템(ECRM) ········································· 277
2. 경찰청과 C2C 민간 협력 ······························································ 278
3. 민간 더치트 ···················································································· 280
제5절 수사 실무상의 실태 및 쟁점 ···················································· 283
1. 온라인 중고거래 주요 불법행위의 유형과 심각성 ························· 283
2. 사이버범죄 수사대응상의 실태 ······················································· 284
3. 온라인 사기에 대한 계좌 지급정지 인정 여부 ······························ 286
제6절 범죄예방 체제상의 문제점 및 개선방안 ··································· 291
제7절 논의 및 결론 ············································································ 295

제7장
결론 ······················································································· 299
제1절 주요 실태의 요약 및 조사 결과의 시사점 ································ 301
1. 분쟁조정 건수를 통해 본 개인 간 거래 분쟁 현황 ······················· 301
2. 경찰 통계에 나타난 중고거래 관련 범죄피해 실태 ······················· 302
3. 이용자 설문조사와 집단좌담회 결과 요약 ····································· 302
4. 조사 결과의 주요 시사점 ······························································· 307
제2절 정책제언 ···················································································· 313
1. 중고거래 중개 플랫폼 사의 책임과 의무 강화 ······························ 313
2. 플랫폼 이용자 보호를 위한 정부의 역할 ······································· 317
3. 안전한 중고거래를 플랫폼 이용을 위한 민.관협력 대국민 홍보 ········ 325

참고문헌 ·················································································· 327
Abstract ················································································· 339
부록 ························································································· 347