This study focuses on resale behavior in online consumer-to-consumer market platforms and examines the factors that promote and hinder the resale behavior of sellers. The evidence from the experiment suggests the negative effect of emotional attachment on resale intention and the moderating effect of resale possibilities.
This study aimed to categorize consumers using super app functional characteristics to identify demographic differences, and analyze shopping orientations by consumer type. This data can be used by fashion and beauty companies for product planning and marketing strategies. To categorize super app consumers, data were analyzed with SPSS v.26.0 software using frequency, factor, reliability K-mean cluster, and distributed analyses, one-way-ANOVAs, and Scheffe verification. Cross-analysis was conducted to correlate super app consumer types with demographic characteristics. One-way-ANOVAs and Scheffe verification were used to analyze the differences in shopping preferences between super app consumer groups. As a result of our analyses, super app consumers were classified into four types: the ration type, the low-use type, the multifunction type, and the habit type. There were statistically significant differences between these types in age, occupation, marital status, average monthly household income, and shopping impact factors. Five super app user shopping orientations were identified: brand pursuit, pleasure pursuit, trend pursuit, risk perception, and economic orientation. The differences in the preferred orientation between super app consumer types were found to be statistically significant. The majority of respondents were multifunction type consumers. This group used the super app most frequently and effectively. They also demonstrated the highest scores for all five of the shopping orientations. The classification of consumer types in this study will allow the fashion and beauty industries to utilize super apps for more targeted product design and marketing.
최근 NFT(Non-Fungible Token, 대체불가 토큰)를 기반으로 한 디지털 예술작품이 고가에 팔리는 사례가 자주 등장하여 많은 이목이 집중 되고 있다. NFT가 디지털 예술작품의 거래와 저 작권 시장에 새로운 생기를 불러일으킬 중요한 기술적 수단인지 아니면 일부 마니아층과 비이성 적 과열이 불러일으킨 신기루적인 현상에 불과한 지 면밀한 검토가 필요한 시점이다. 이에본연구에서는IP 산업을중심으로NFT가 미칠 영향에 대하여 살펴본다. NFT의 이해를 돕기 위해 NFT의 생성과 거래의 기본이 되는 기 술인 블록체인(Blockchain), 비트코인(Bitcoin), 및 이더리움(Ethereum)에 대하여 함께 살펴본 다. 그리고 이런 이해를 바탕으로 하여 NFT가 무엇이고 왜 열풍을 일으키고 있는지, NFT의 개 념, 특징, 생성과 거래 방법, 활용과 그 한계에 대 하여 살펴본다. NFT를 통한 거래는 지식재산권법 영역에서 다양한 혼동을 야기할 것으로 예측된다. 디지털 전환(Digital transformation)과 맞물려 ‘자산의 디지털화’를 가속화시키고, 디지털 자산에 대한 소유권과 저작권의 분리 현상을 심화시킬 것이다. 소유권과 저작권 사이의 충돌은 디지털 저작물에 권리소진이론의 적용 여부와 저작권 행사의 제한 가능성 여부의 문제로 발전할 것으로 보인다. 또 한 NFT의 탈중앙적인 성격으로 인해, 창작자와 소비자를 매개하였던 중개인의 역할은 축소될 것 이며, 현재의 온라인 서비스 제공자의 면책 제도 를 그대로 NFT 거래 사이트의 책임에도 적용하 는 것이 타당한지 새로운 논의가 필요해 보인다. 이외에도 특허 및 상표 제도에 있어서도 NFT를 통한 거래가 특허법상 ‘실시’나 상표법상 ‘사용’ 에 포섭될 수 있는지 문제가 발생할 것으로 예측 된다. 그리고 NFT가 디지털 자산의 소유권을 인 증해주는 기술적 수단으로 활용됨에 따라 팬덤산 업과 게임산업의 규모를 더 크게 만드는 기폭제 가 될 것으로 예상된다. 과학기술의 발전과 혁신 의 발목을 잡는 수단이 아닌, 과학기술이 인간을 위해 사용될 수 있도록 돕는 역할을 하는 법과 제 도가 될 수 있도록 규제당국과 법률가들의 창의 적인 접근과 새로운 시각이 필요한 시점이다.
Following the 2008 financial crisis, globalized markets in North America and Europe experience a shift in public opinion toward a renunciation of globalization and a reorientation toward traditional (domestic) values. Responding to this paradigm change, multi-national corporations (MNCs) face the decision of whether (a) to continue to pursue global branding strategies or (b) to align their global brands with local consumer cultures. This decision requires an understanding of how the degree of market globalization relates to consumer preferences. The present study draws on signaling theory to empirically investigate (a) the relative impact of a brand’s globalness (i.e., perceived brand globalness) and its cultural market alignment (i.e., perceived cultural symbolism) in eliciting perceptions of brand credibility and brand quality (b) across two countries that differ regarding their degree of market globalization (Germany and South Korea). Findings indicate that the signaling value of global brands, as a function of their market reach, is greater in globalizing markets than in globalized markets, whereas the signaling value associated with cultural market alignment is greater in globalized markets than in globalizing markets. Implications of the findings for theory and practice are considered.
도시 내 상업지역의 지리적 분포 양상과 그에 영향을 미친 요인들에 대한 관심이 증대되고 있다. 본 연구에서는 상업 집적지의 공간적 변화가 활발히 일어나는 홍대지역을 사례로 상업 집적지의 시공간적 변화 분석을 수행하였다. 분석에는 비교적 짧은 기간에 발생한 상업 집적지의 공간적 범위 변화를 탐지하는 데에 적합성이 높은 유동인구 자료와 기존의 연구들에서 활용한 요식업 현황 자료를 이용하였으며, 각각 2016 4월년부터 2017년 4월까지 세 개 시점의 분석 결과를 비교하였다. 인구유동 자료에 기반을 둔 분석 결과, 홍대지역 상업 집적지의 공간적 범위가 점차 확장되었으며 특히 북측 방향과 남측 방향으로 크게 변화하였음을 확인하였다. 요식업 현황 자료에서도 유사한 공간적 변화가 탐지되었으나, 변화량이 다소 적게 나타났다. 홍대지역과 신촌·이대거리, 망리단길은 상업 집적지 간의 연결성이 뚜렷하게 드러나지 않고 별개의 집적지를 형성한 것으로 나타났다. 종합적으로 홍대지역의 상업 집적지는 포화상태인 기존의 공간적 범위를 벗어나 임대료가 상대적으로 저렴한 주택가로 확장되는 형태로 변화해나간다는 점이 재확인되었다. 본 연구에서 활용한 자료와 방법론 및 정량적 분석 결과는 젠트리피케이션을 비롯하여 도시공간구조 변화와 관련된 논의들에 활용될 수 있을 것으로 기대된다.
Emerging Asian markets such as China and India have drawn tremendous attention to marketing and consumer researchers in the past decades (e.g., Cayla & Eckhardt, 2008; Dong & Tian, 2009). The increasing purchasing power of the new middle-class Asian consumers attracted not only global brands but also local brands from the region. Previous studies on Asian consumers found that consumers are actively using Western brands to construct their modern or global identities (e.g., Dong & Tian, 2009). Other studies explored how regional or local brands redefine themselves in both regional and transnational markets (Cayla & Eckhardt, 2008; Wu, Borgerson & Schroeder, 2013).
In this study, we employed a cultural approach (Cayla & Arnould, 2008) to examine how Asian brands mythicize themselves in the global marketplace through various storytelling and myth-making strategies. We compare and contrast the mythology and storytelling strategies (Boje, 1995; Lundqvist, Liljander, Gummerus & van Riel, 2013; Vincent, 2001) employed by three Asian consumer electronic brands, Samsung (South Korea), Sony (Japan), and Xiaomi Technology (China) and report our key findings in the following sections.
In marketing literature, brand is defined as “name, term, design, symbol, or any other feature that identifies one seller’s good or service as distinct from those other sellers” by the American Marketing Association (Keller, 2013, p. 2). In recently years, brands have been viewed as an integral part of contemporary popular culture (Cayla & Arnould, 2008; Hancock, 2009, 2013; Holt, 2004, 2006; Klein, 2001; Moor, 2007). Brands, like other cultural artefacts such as folklore, dance, songs, and costumes, have significant impact on shaping consumers’ everyday lives and influence on how they define their world
This paper draws on the concept of transculturality, shifting our attention beyond religion as a stable belief system toward religion as a field of transcultural practices. Our conceptualization of religion as a field of transcultural practices is empirically grounded in a hermeneutic analysis of depth interviews with 24 Southeast Asian immigrant consumers living in Auckland, New Zealand. The findings reveal two interrelated sets of transcultural practices through which religion shapes multicultural marketplaces. The first set of practices facilitates entry into multicultural marketplaces, by easing the process of border crossing and enabling social capital development. The second set of practices facilitates mutual entanglement within multicultural marketplaces, by fostering intercultural competency development, sharing of cultural consumption rituals, and enabling the flows of material resources. This paper helps to advance the growing literature on religion and marketing in two ways. First, a transcultural approach moves religion beyond a view of each religious tradition as a bounded system. Instead, religion emerges as an open and dynamic system which is deeply contextualized and whose function morphs to meet the character of the cultural context in which it is embedded. Second, in addition to the present focus on how religion produces differences in marketplace behaviors, this paper also sheds light on the transcultural properties of religion which are held in common across diverse religious traditions. Rather than becoming a dividing force in contemporary multicultural marketplaces, religious fields are also revealed to be hybridized and hybridizing fields of transcultural flows. Overall, in the context of multicultural marketplaces, religion emerges as a key site for the performance of practices which fuel transcultural dynamics.
This study assessed the degree of marketplace inclusion inherent in the distribution of grocery stores in the Detroit Metropolitan Area; to account for spatial effects such as spatial heterogeneity, phenomena rarely considered in prior marketing literature, geographically weighted regression and geographic information systems were employed.
The more the marketplace become competitive, the more clear and distinct market segments the marketers need to identify. A minority of consumers takes important roles in the marketplace as market influencers or diffusers of information to others, for instance, market maven or opinion leaders. Market mavens tend to have overall market-related knowledge, while opinion leader and fashion leader possess product class-specific information. Fashion leaders are more likely to adopt a product at the early stage, but opinion leaders or market mavens are not necessary. Despite significant roles as reference groups, limited research has examined the differences in the essential traits of three influential groups. The purpose of this research is to examine and compare the differences of psychological attributes in market maven, opinion leaders, and fashion leaders with respect to consumer self-confidence, clothing involvement(INV), status consumption(STATUS), and price consciousness(PRICE).
The instrument was modified based on the previous studies(Bearden, et al., 2001; Clark & Goldsmith, 2005; Feick& Price, 1987;Goldsmith, et al., 1991) and each item was measured by seven-point Liker type scales. A total of 857 data were collected through the internet survey method. About 50.3% of respondents were female, 39.2% were single, and age ranged from 20 to 59 years old. Exploratory factor analysis confirmed the differences of the measurement in three influential groups, explaining 70.76% of variances. Consumer self-confidence was generated into five factors, information acquisition & consideration-set formation (IA&CF), personal outcomes(PO), social outcomes (SO), persuasion knowledge(PKN), and marketplace interfaces(MI). Cronbach's alpha was ranged between .78 and .93.
In order to investigate the effects of psychological attributes on three influential groups, five factors of self-confidence (IA&CF, PO, SO, PKN, and MI), INV, STATUS, and PRICE were entered as the independent variables in the regression model respectively. In explaining market maven, IA&CF(β=.37) and SO(β=.35) showed the strong positive effects, and STATUS, PKN(-), MI(-), and PRICE were also significant in order (F=107, adj. R2=.498). Opinion leaders were significantly related with SO(β=.84), and PO, INV, and PRICE presented the minor effects(F=496.2, adj. R2=.822). SO(β=.38), STATUS(β=.37), INV(β=.34), and PKN were significant predictors for fashion leaders (F=289.3, adj. R2=.729). When analyzing the influence of market maven, opinion leader, and fashion leader on buying behaviors, market maven and fashion leaders were significantly, positively related with impulse buying behavior (F=69.28, adj. R2=.193), and overall satisfaction(F=38.21, adj. R2=.115). The implications were discussed.
As luxury brands have become a globalised phenomenon, marked with the appearance of recognizable and standardized platforms worldwide, we ask how their consumption and meanings are shaped by divergent cultural beliefs that permeate contemporary multicultural marketplaces. Cross-cultural luxury branding literature advises luxury brand managers to cultivate coherent brand identities tied to their internal ‘brand DNA’, with the aim to translate this identity into a consistent global brand image. However, this managerial commitment to a standardized approach in international marketing has meant that brand researchers often adopt an ethnocentric perspective on branding, characterized with the tendency to assess marketplaces in terms of their various degrees of ‘glocalization’. Consequently, the literature on cross-cultural luxury branding has largely focused on the effects of global positioning and local cultural influences, paying little attention to the influences of other foreign cultures that may operate within a multicultural marketplace. This paper is concerned with advancing our knowledge about how complex multicultural influences shape luxury brand markets. In particular, focusing on the interplay between local and foreign cultural meanings in a single national market, we demonstrate how the consumption of luxury brands is influenced by multiple, and at times conflicting, cultural beliefs. Luxury brands and cultural meanings are thoroughly intertwined. Throughout history, the idea of luxury has been influenced by various ideological beliefs, providing an “illuminating entrée into a basic political issue, namely, the nature of social order” (Berry, 1994: 6). For instance, since ancient civilisations, such as the Egyptians and Amerindians, luxury goods have been used as the symbol of status and power (Kapferer and Bastien, 2009). In the days of Plato and early Christianity, luxury was also perceived in a pejorative form that signified the corruption of a virtuous manly life; and with the works of Adam Smith, the idea of luxury has become a vindication of commercial society (Berry, 1994). Over the last two decades, we have witnessed unprecedented demand for luxury brands by international consumers in Japan, in East Asia, and now in the BRIC (i.e., Brazil, Russia, India, and China) and CIVETS countries (i.e., Colombia, Indonesia, Vietnam, Egypt, Turkey, and South Africa) (Kapferer, 2012). Due to the accelerated flows of consumption meanings, ideologies, and people resulting from global economic forces (Appadurai, 1997), many of these emerging marketplaces are characterized by cross-cutting cultural flows, exhibiting a high degree of inner differentiation and complexity (Craig and Douglas, 2006), mutual entanglement (Robertson, 1992; Welsh, 1999), and interpenetration (Andreasen, 1990). Consequently, there is a growing need to advance our understanding of how increasing multicultural influences shape luxury brand markets. Informed by a cultural branding approach (Bengtsson et al., 2010) and research on multicultural marketplaces (Craig and Douglas, 2006), we address this issue in cross-cultural luxury branding by offering a qualitative inquiry into luxury brand consumption in New Zealand, uncovering the interplay between two distinct cultural beliefs permeating this multicultural market – the local Kiwi ‘tall poppy syndrome’ and the foreign ‘face-saving’ orientation originating from East Asian immigrant cultures. The Kiwi tall poppy syndrome conveys a negative social attitude towards people (the ‘tall poppies’) who are conspicuously successful and whose distinction, rank, or wealth attracts envious notice or hostility (Mouly and Sankaran, 2002). Conversely, the East Asian ‘face-saving’ orientation is concerned with the social image of success that an individual projects in society (Le Monkhouse et al., 2012). We found that not only did these two local and foreign cultural beliefs convey oppositional meanings about luxury brands in New Zealand, but they also prompted consumers to adopt different luxury brand consumption styles. Furthermore, despite being oppositional in nature, our findings suggest that these beliefs could jointly influence individual consumers, adding yet increased complexity to how these individuals consumed luxury brands. In particular, we demonstrate that luxury brand consumers in New Zealand are able to hold multiple and conflicting local and foreign cultural beliefs in tension, emerging as contextual cultural shifters. While the literature on cross-national luxury branding conventionally privileges cross-national methods which tend to de-emphasise the heterogeneity within national luxury markets (Wiedmann et al., 2007), the results of our study suggest the need to consider intercultural diversity at the intra-national level. Indeed, Brewer and Venaik (2012) decry the danger of applying culture-level constructs to the level of the individual. Brubaker (2004) calls this the fallacy of groupism, where we treat ethnic groups as concrete entities instead of seeing group-making as an on-going project. This is echoed by Calhoun (2003: 547) who encourages “avoiding the illusion that plagued much earlier thoughts of ethnicity and nationalism – that there was one basic identity common to all members of a group.” Essentially, when an individual’s cultural identity is reduced to the nationality or the ethnicity that he or she declares on a survey, not only does this overlook the multidimensionality and complexity of cultural influences which shape how they consume luxury brands, but this also misses further opportunities to engage with luxury brand consumers. While some cross-national luxury consumption studies have accommodated a degree of complexity with the consideration of differences between global and local cultures (e.g., Park et al., 2008; Shukla and Purani, 2012), the results of our study show that, within multicultural marketplaces, the level of cultural complexity goes beyond the global-local dichotomy. Rather, the consumption of luxury brands is transculturally constituted and derived from multiple forms of belonging (Calhoun, 2003). In these markets, consumers find themselves negotiating the meanings and consumption styles of luxury brands at the confluence of multiple cultural beliefs. For marketers operating within multicultural markets, this means that nationality, ethnicity, and degree of glocalisation may be less useful bases for segmentation, prompting the consideration of other ways in which to understand and use cultural influences in segmenting, targeting, and positioning luxury brands. In our study, two distinct cultural belief systems, one local and one foreign, shaped luxury brand consumption in New Zealand. Furthermore, these cultural beliefs were not necessarily tied to an individual consumer’s ethnicity. Given these complexities, it may be more useful to consider other bases of segmentation such as the influence of situational factors (Douglas and Craig, 2011) and the relative salience among multiple cultural beliefs. Furthermore, this is the first study to empirically demonstrate the impact of multiculturalism on luxury brand markets, where consumers emerge as contextual cultural shifters. Our findings illustrate that contextual factors in a multicultural marketplace, like a filter, shaped which cultural influences were appropriated by individual consumers in a given consumption situation. Thus, underlying any given luxury brand consumption situation is a complex interplay between multicultural influences, situational norms, and individual factors. This prompts multiple considerations for luxury brand managers. Might it be possible to go a step further and encourage consumers to adopt culturally-constituted consumption styles which fit better with one’s brand positioning? More specifically, by questioning which cultural influences underpinning luxury brands are more dominant for them, consumers could be encouraged to reconsider their personal uses and attitudes towards luxury brands. Further research is required to find out what contexts are likely to tilt consumers’ consideration in favour of one cultural influence over another. If a luxury brand is a status symbol, might it be possible to prime both Western and Asian consumers to switch to status-conspicuous beliefs? For example, what cues and appeals might marketers present to encourage consumers to think in a more face-saving way? If a brand is understated, might it be possible to prime consumers to adhere to cultural beliefs which encourage more discreet styles of consumption? For example, what cues and appeals might marketers present to encourage consumers to consider the tall poppy syndrome? Such research would be particularly useful for marketers who have little room for repositioning their luxury brand image. Finally, rather than a glocal branding approach, which involves cultivating brand identity within the organisation and overcoming local brand image inconsistencies (Matthiesen and Phau, 2005), we posit that managers need to adopt a multicultural branding approach. We envision that such an approach would involve identifying and pursuing opportunities for the development of dynamic brand identities (da Silveira et al., 2011), where luxury brand managers can assume the role of proactive architects of luxury brand cultures which support diverse modes of luxury brand consumption. This carries implications for cross-cultural luxury branding on three levels. At the basic level, a multicultural branding approach involves paying closer attention to the contextual topography of a given marketplace and consumer receptivity to global, local, and foreign cultural beliefs. As our study showed, a luxury brand entering an emergent multicultural market like New Zealand will invariably face consumer resistance due to the influence of the dominant Kiwi ‘tall poppy’ syndrome. However, this is by no means a monolithic discourse; its influence is uneven. Because of greater diversity and intercultural exchange, consumers in cosmopolitan centres such as Auckland are more likely to be receptive to other cultural influences. As such, it would be a logical point of entry for a global luxury brand. This also suggests that, rather than cross-national differences, segmentation based on the prevalence of multiple cultural beliefs and consumption styles in major cities could be a more appropriate strategy for luxury branding. At a more advanced level, luxury brand managers can not only select, but also focus on proactively cultivating the most conducive contexts, where consumers would feel more empowered to appropriate their desired luxury brand consumption styles within a multicultural marketplace. In doing so, marketers will be able to both target the increasing buying power of ethnic consumers by appealing to their foreign consumption styles (Lisanti, 2010), as well as to find a better positioning to the mainstream consumers who are receptive to cultural shifting. For instance, several respondents in our study presented an interesting dynamic between the two cultural influences: on one hand, they have a desire to consume luxury brands in a more conspicuous way due to the influence of face-saving beliefs, but on the other hand, they feel that they must suppress this desire due to the influence of the Kiwi ‘tall poppy’ syndrome. To unlock this hidden market potential, luxury brand marketers would do well to design liminal spaces and retail spectacles (Kozinets et al., 2004). In the same way that the “Coca-Cola Telenovela Club” provided a liminal space in which Latina moms in the US could explore and perform their love of telenovelas (Lisanti 2010), luxury brand managers might design similar liminal spaces and retail spectacles where could safely circumvent the influence of the local tall poppy syndrome. In contrast to the social sanctions on conspicuous consumption in their everyday lives, liminal spaces can provide an immersive space where foreign styles of brand consumption can be affirmed and cultivated. In other words, luxury brand managers can empower consumers to appropriate their desired culturally-constituted meanings and, therefore, to endorse the particular styles of luxury brand consumption within a multicultural marketplace. Finally, at the broader strategic level, rather than cultivating brand identity entirely within the organisation and then communicating this identity to consumers, luxury brand managers can aim to collaborate with the diverse range of consumers in developing a dynamic multicultural brand identity. This strategy would involve incorporating a wider range of cultural meanings and developing the most appropriate brand positioning(s), thereby addressing tensions around the conflicting luxury brand consumption styles within a multicultural marketplace. In line with the cultural branding (Bengtsson et al., 2010) and dynamic brand identity (da Silveira et al., 2013: 31) approaches, the multicultural branding approach should view brand identity as developing over time through “mutually influencing inputs from several social constituents” that include both brand managers and consumers. Moreover, it should focus on more proactively and thoroughly intertwining the on-going social construction of brand meaning with the on-going evolution of multiculturally-informed consumption styles of luxury branding that emerge within a marketplace. In short, by assuming the role of cultural architects, luxury brand marketers must become more aware of the varying sensitivities of consumers to multiple cultural beliefs and practices across a range of contexts, proactively cultivate contexts which enhance their brand receptiveness, and strive to construct multiculturally-informed dynamic brand identities that embed the brand image more deeply within a marketplace and assist consumers in coping with dynamic cultural change.
최근 전자상거래의 비중은 급격히 증가하고 있으며 이와 함께 전자상거래를 통한 위조품 판매 등 상표권침해행위도 크게 늘고 있다. 특히 전자상거래 유형 중 오픈마켓에서의 위조품 거래가 성행하고 있는데, 오픈마켓의 성질상 상표권자 등의 단속이 어렵고 실효성도 적기 때문에 권리자로서는 전자상거래를 중개하는 대형 통신판매중개자나 오픈마켓 운영자에 대하여 방조책임을 묻게 된다. 이러한 오픈마켓의 책임에 관하여 프랑스의 사례(TRIBUNAL DE COMMERCE DE PARIS, JUGEMENT PRONONCE LE 30 JUIN 2008, PREMIERE CHAMBRE B, RG 2006077799)는 오픈마켓을 중개사이트라고 하면서 그 책임을 인정한 반면, 미국의 사례(Tiffany Inc. v. eBay, Inc., 576 F. Supp. 2d 463)는 오픈마켓에 특정한 인식(specific knowledge)이 부족하다고 하여 책임을 부정하였다. 일본의 사례(東京地方裁判所平成22 年(2010) 8月31日判決言渡平成21年(ワ)第 33872 ) 역시 오픈마켓의 행위가 상표법상 침해에 해당하지 않는다면서 책임을 부정하였다. 우리나라에는 오픈마켓에「정보통신망 이용촉진 및 정보보호 등에 관한 법률」상 주의의무를 부여하면서 그 책임을 인정한 사례(서울중앙지방법원 2008. 8. 5.자 2008카합1901 결정)도 있고, 오픈마켓으로서는 개별 물품이 부정경쟁행위에 해당하는지 여부를 알 수 없다는 이유로 그 책임을 부정한 사례(서울중앙지방법원 2008. 11. 20. 선고 2006가합46488 판결)도 있으며, 운영자의 영업의 자유와 상표권자의 권리침해를 방지할 필요성을 비교형량하여 책임을 부정한 사례(서울중앙지방법원 2009. 9. 9.자 2009카합653 결정)도 있다. 오픈마켓이라는 이유로 오픈마켓 운영자의 책임이 당연히 부정되어서는 안 될 것이고, 결국 오픈마켓 운영자에게 오픈마켓에서 일어나는 개별거래를 관리할 권한 및 능력이 있는지 여부에 따라 그 책임 여부가 달라질 것이다. 이와 관련하여 법원이 저작권 침해에 있어 P2P 업체의 책임을 매우 높게 인정하고 있는 것에 비하여, 오픈마켓 운영자는 너무 쉽게 면책하여 주는 것은 아니냐는 비판도 제기된다. 오픈마켓 운영자가 판매자에 대하여 독점규제법상 불공정행위에 해당할 정도의 강력한 권한을 행사하고 있는 현실을 반영하여 책임 수준을 결정할 필요가 있을 것이다.
온라인 마켓플레이스에서의 거래는 기본적으로 C2C 거래 즉 판매자와 구매자 사이에 이루어지는 것이라고 할 수 있다. 그러나 거래의 직접 당사자라고 할 수 없는 온라인 마켓플레이스 사업자가 계약의 성립 이전 단계에서부터 계약의 내용 및 계약 성립 후 대금결제나 물품의 인도 등 채무의 이행까지 관여하고 있는 점, 계약의 성립이 전자적 의사표시에 의하여 또 주로 경매라는 방법을 통하여 이루어지고 있다는 점에서 온라인 마켓플레이스 사업자의 민사상 법적 지위와 구체적인 계약의 성립과 시기 및 그 내용 등을 어떻게 확정할 것인가하는 여러 계약법적 문제가 있다. 이 글에서 온라인 마켓플레이스 사업자의 법적 지위를 간단하게 살펴보고 판매자와 구매자 사이에 성립되는 매매계약에 있어 청약과 청약의 유인의 문제 및 매매계약의 성립시기에 관한 문제를 고정가 판매와 인터넷 경매의 경우로 나누어 살펴보고, 구매신청 또는 입찰의 철회, 청약의 철회와 계약의 해제 등과 관련한 법적 검토를 해본다.
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