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공유경제에 대한 공법적 규제에 관한 연구 : A study on Public Law Regulation for Sharing Economy
승차공유, 숙박공유를 중심으로

DC Field Value Language
dc.contributor.advisor이원우-
dc.contributor.author김민주-
dc.date.accessioned2019-10-18T16:29:34Z-
dc.date.available2019-10-18T16:29:34Z-
dc.date.issued2019-08-
dc.identifier.other000000158235-
dc.identifier.urihttps://hdl.handle.net/10371/161246-
dc.identifier.urihttp://dcollection.snu.ac.kr/common/orgView/000000158235ko_KR
dc.description학위논문(석사)--서울대학교 대학원 :법과대학 법학과,2019. 8. 이원우.-
dc.description.abstract2008년 처음 등장한 공유경제는 10년 만에 빠르게 성장하여 어느새 우리의 생활 곳곳에 자리 잡고 있다. 우리는 세계 곳곳에서 택시 대신 승차공유 기사의 차량을 부르고, 호텔 대신 숙박공유 호스트의 거주지에 머무르려는 사람들을 만날 수 있다. 그러나 이러한 공유경제의 눈부신 성장 뒤에는 그 규제의 공백으로 인한 성장통도 함께 수반되었다. 규제공백은 공유경제의 성장을 촉진하기도 했지만 기존 산업에 종사하던 사업자들과의 갈등을 빚어내는 등 사회문제를 불러일으키고 있기도 하다. 그럼에도 우리나라에서는 아직까지도 공유경제에 대한 규제 논의만 지속되고 있을 뿐, 실제 규제의 도입은 이루어지지 않고 있다. 이처럼 규제공백이 지지부진한 가운데 사회적 혼란은 점점 더 가중되기만 하는 중이다. 이러한 상황에서 공유경제에 대한 규제는 부정할 수 없는 흐름이라 할 수 있다. 그러나 규제를 도입한다고 하더라도 무턱대고 공유경제를 전면 금지하는 규제가 아닌, 공유경제의 특징에 맞는 규제를 설계하는 것이 필요하다. 오늘날 규제는 사인의 자유를 제한하기만 하는 것이 아니라 사인의 행위를 유도하거나 오히려 자유를 회복시키는 기능까지도 수행하기 때문이다. 이처럼 공유경제에 적정한 규제를 마련하기 위해서는 먼저 공유경제가 무엇인지, 어떤 특징을 갖는 것인지 파악해야 한다. 그리고 현행법상 규제에 부족한 부분이 무엇인지 확인하여 공유경제만의 특징들을 개선된 규제 설계에 반영할 필요가 있다. 이 과정을 통해 공유경제의 긍정적 발전을 유도하는 가운데, 공유경제의 피규제자 등에게 규제에 대한 예측가능성을 부여하고, 기존의 경쟁사업자와의 형평성을 확보할 수 있는 공유경제 규제 개선 방향을 도출하고 개선 모델을 설계해본다.-
dc.description.abstractThe 'Sharing Economy', issued in 2008, has grown up rapidly and now it exists everywhere around us. We can meet people who want taking car-sharing like 'Uber' rather than taxi, who want using room-sharing like 'Airbnb' rather than hotel all over the world. Behind the sharing economy's brightening development, however, some problems arising from regulatory loophole, has also been followed. The regulatory loophole not expedited growth of the sharing economy, but also cause social issues, for example, the conflict with the competitor from commercial economy. Nevertheless, in Korea, only armchair argument is continued without any result, just making social turmoil deepening. In this situation, regulation for sharing economy is inevitable. But, the regulation must be designed, not blindly prohibiting everything, but properly regarding the characteristics of sharing economy. Because regulation is for steering someone's behavior, recovering his or her freedom as well as restricting his or her freedom these days. For establishing well-made regulation, we have to start with knowing what the sharing economy is, what characteristics the sharing economy has. And then, we are going to reflect them in the improvement of regulation for sharing economy after checking the defect of current law. By this process, we can look for the affirmative advancement of sharing economy, give
predictability to the regulated, achieve the equality between sharing economy and commercial economy, and finally get refinement of the regulation for sharing economy.
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dc.description.tableofcontents제 1 장 서론 ································································· 1
제 1 절 연구의 배경 및 목적 ············································ 1
제 2 절 연구의 범위와 방법 ·············································· 4
제 2 장 공유경제의 의의 및 특징 ·························· 6
제 1 절 공유경제의 정의 ····················································· 6
Ⅰ. 기존의 논의 ········································································· 6
Ⅱ. 본 논문의 연구대상 ··························································· 8
1. 공유경제의 전통적 구성요소 ········································· 10
2. 공유경제의 현대적 구성요소 ········································· 13
3. 소결 ····················································································· 16
제 2 절 공유경제의 특징 ····················································· 16
Ⅰ. 형태의 동일성·영역의 다양성 ········································· 17
Ⅱ. 플랫폼 사업자 중심의 3자간 거래 구조 ······················· 19
Ⅲ. 비전문적 공급자 집단의 존재 ········································· 22
Ⅳ. 소결 ······················································································· 24
제 3 장 현행법상 공유경제 규제 ···························· 24
제 1 절 현행법상 공유경제 규제 현황 ···························· 25
Ⅰ. 공유경제에 적용 가능한 현행법규 ································· 25
1. 플랫폼 사업자 ··································································· 25
2. 공급자 ················································································· 28
Ⅱ. 진입규제 ··············································································· 29
1. 플랫폼 사업자 ··································································· 29
2. 공급자 ················································································· 31
Ⅲ. 행위규제 ··············································································· 35
1. 플랫폼 사업자 ··································································· 35
2. 공급자 ················································································· 40
Ⅳ. 규제주체 ··············································································· 42
1. 플랫폼 사업자 ··································································· 42
2. 공급자 ················································································· 43
제 2 절 현행법상 공유경제 규제의 문제점 ··················· 46
Ⅰ. 규제에 대한 예측가능성 부재 ··········································· 46
1. 피규제자의 예측가능성 ··················································· 46
2. 규제수익자의 예측가능성 ··············································· 48
Ⅱ. 공유경제 특징 반영 미흡 ················································· 50
1. 플랫폼 사업자와 공급자에 대한 중복규제 ················· 50
2. 비전문적 공급자 집단의 존재 미반영 ························· 51
Ⅲ. 규제의 형평성 부재 ··························································· 53
1. 공유경제 개념의 불확정성 ············································· 53
2. 전문적 공급자와 기존 경쟁사업자 사이의 형평 ······· 55
제 4 장 공유경제에 대한 대응 현황 ···················· 56
제 1 절 우리나라의 공유경제에 대한 대응 ················· 57
Ⅰ. 공유경제기본법안 ······························································· 57
Ⅱ. 지방자치단체의 공유경제 조례 ······································· 59
Ⅲ. 우리나라의 대응 방향 ······················································· 61
1. 공유경제의 정의 ······························································· 61
2. 규제주체 ············································································· 62
3. 진입규제 ············································································· 63
4. 행위규제 ············································································· 63
5. 소결 ····················································································· 64
제 2 절 해외의 승차공유 규제 - 캘리포니아를 중심으로·· 64
Ⅰ. 개요 ······················································································· 64
Ⅱ. 진입규제 ··············································································· 66
1. 플랫폼 사업자 ··································································· 66
2. 공급자 ················································································· 67
Ⅲ. 행위규제 ··············································································· 68
1. 플랫폼 사업자 ··································································· 68
2. 공급자 ················································································· 70
Ⅳ. 규제주체 ··············································································· 70
1. 플랫폼 사업자 ··································································· 70
2. 공급자 ················································································· 71
Ⅴ. 그 외 다른 나라의 대응 ··················································· 71
Ⅵ. 결론 ······················································································· 73
제 4 절 해외의 숙박공유 규제 - 샌프란시스코를 중심으로 75
Ⅰ. 개요 ······················································································· 75
Ⅱ. 진입규제 ··············································································· 77
1. 플랫폼 사업자 ··································································· 77
2. 공급자 ················································································· 77
Ⅲ. 행위규제 ··············································································· 78
1. 플랫폼 사업자 ··································································· 78
2. 공급자 ················································································· 79
Ⅳ. 규제주체 ··············································································· 80
1. 플랫폼 사업자 ··································································· 80
2. 공급자 ················································································· 80
Ⅴ. 그 외 다른 나라의 대응 ··················································· 81
Ⅵ. 결론 ······················································································· 82
제 5 장 공유경제 규제 방향 ··································· 83
제 1 절 공유경제 개념 확정 ············································ 84
Ⅰ. 거래유형에 따른 공유경제 구분 ····································· 84
Ⅱ. 거래 유형 구별 기준 ························································· 85
제 2 절 신속처리·실증 규제특례·임시허가 제도 활용 · 87
Ⅰ. 공유경제의 사업영역별 규제 방식 차이 ······················· 87
Ⅱ. 신속처리·실증 규제특례·임시허가 제도를 통한 규제 방식 조정· 89
제 3 절 피규제자별 의무 분배 ········································ 91
Ⅰ. 플랫폼 사업자와 공급자의 역할 구분 ··························· 91
Ⅱ. 플랫폼 사업자와 공급자의 의무 구분 ··························· 93
제 4 절 거래량연동규제 ····················································· 95
Ⅰ. 거래량에 따른 규제 수준 구분 ······································· 95
Ⅱ. 비전문적 공급자에 대한 규제 완화 ······························· 97
제 5 절 자율규제 ································································· 98
Ⅰ. 자율규제 도입의 적합성 ··················································· 98
Ⅱ. 공유경제의 자율규제 형태 ··············································· 100
제 6 장 공유경제 규제 모델 ··································· 102
제 1 절 공유경제의 진입규제 모델 ································ 103
Ⅰ. 개요 ······················································································· 103
Ⅱ. 플랫폼 사업자에 대한 진입규제 모델 ··························· 104
1. 플랫폼 사업자 진입규제의 절차 ··································· 104
2. 플랫폼 사업자 진입규제의 요건 ··································· 106
Ⅲ. 공급자에 대한 진입규제 모델 ········································· 107
1. 공급자 진입규제의 절차 ················································· 107
2. 공급자 진입규제의 요건 ················································· 108
제 2 절 공유경제의 행위규제 모델 ································ 109
Ⅰ. 개요 ······················································································· 109
Ⅱ. 플랫폼 사업자에 대한 행위규제 모델 ··························· 110
1. 사업 형태에 따른 의무 ··················································· 110
2. 사업 영역에 따른 의무 ··················································· 114
Ⅲ. 공급자에 대한 행위규제 모델 ········································· 116
1. 사업 형태에 따른 의무 ··················································· 116
2. 사업 영역에 따른 의무 ··················································· 117
제 3 절 공유경제의 규제 주체 ········································ 120
Ⅰ. 개요 ······················································································· 120
Ⅱ. 플랫폼 사업자에 대한 규제 주체 모델 ························· 121
Ⅲ. 공급자에 대한 규제 주체 모델 ······································· 122
제 7 장 결어 ······························································123
참고문헌 ········································································126
Abstract ········································································134
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dc.language.isokor-
dc.publisher서울대학교 대학원-
dc.subject공유경제-
dc.subject영업규제-
dc.subject규제개선-
dc.subject승차공유-
dc.subject숙박공유-
dc.subject.ddc340-
dc.title공유경제에 대한 공법적 규제에 관한 연구-
dc.title.alternativeA study on Public Law Regulation for Sharing Economy-
dc.typeThesis-
dc.typeDissertation-
dc.contributor.AlternativeAuthorKim, Min Ju-
dc.contributor.department법과대학 법학과-
dc.description.degreeMaster-
dc.date.awarded2019-08-
dc.title.subtitle승차공유, 숙박공유를 중심으로-
dc.contributor.major행정법-
dc.identifier.uciI804:11032-000000158235-
dc.identifier.holdings000000000040▲000000000041▲000000158235▲-
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