인플루언서의 경제적 이해관계를 표시하지 않은 광고 규제에 대한 고찰

초록

This article provides an in-depth analysis of regulations on “influencer advertising”, particularly the need for regulations on advertisements that do not disclose the financial interests of the advertising influencers on social network services (SNS). First, relevant laws and administrative rules were examined in the context of unfair advertisements by influencers on SNS that do not disclose their financial interests. Next, the legal elements of what constitutes unfair advertising under the Act on Fair Labeling and Advertising were reviewed. This article then proceeds to discuss the ways, in which regulations may potentially apply to unfair advertisements that do not disclose the financial interests of the influencers on SNS. In this context, this article reviews whether influencers on SNS constitute a class of advertisers under the Act on Fair Labeling and Advertising, and makes an interpretive determination as to whether the Act should apply to them. Next, this article makes the case for regulations on unfair advertisements on SNS that do not disclose the influencers’ financial interests by examining the necessity of regulations on advertisements in general, advertisements on SNS, and advertisements on SNS by influencers, focusing on the likelihood of confusion by consumers. Finally, this article discusses what regulatory enforcement tools are available against unfair advertisements that do not properly disclose the financial interests of influencers on SNS. Online and mobile media are rapidly changing and continuing to create new things, and the use of online and mobile media has surged in the wake of the COVID-19 pandemic in 2020, accelerating the pace of change. In line with this pace of change, I believe that research on online platforms, SNS, influencers, and one person media is an area that needs to be continuously studied with interest in the field of law.

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