[한국방송/김명성기자] The terms and conditions of three delivery app platform providers, which have caused controversy over unfair trade, such as being able to demand unilateral termination of contracts from food business owners, will be corrected.
The Fair Trade Commission announced on the 4th that it has corrected four types of unfair terms and conditions by examining the terms and conditions of use of food service providers that these delivery app platform providers sign with food and beverage business owners.
The reason why the Fair Trade Commission began reviewing the terms and conditions was because there was a report from a business group that there was a problem with the terms and conditions of platform operators and food and beverage companies.
The unfair terms and conditions that have been corrected are: ▲ Unfair contract termination and usage restrictions (Baedal Minjok, Coupang Eats) ▲ Unfair immunity clause for business failure (Baedal Minjok, Yogiyo, Coupang Eats) ▲ Members (food and beverage owners) post Provisions for unfair use of Korea (Baedal Minjok, Yogiyo) ▲ A clause in which the operator’s notification method is unfairly unfavorable to the seller (Coupang Eats).
According to the existing terms and conditions of Baedal Minjok and Coupang Eats, it was possible to sanction the seller on the grounds that the contract was canceled due to the provisional seizure or provisional disposition of the food business owner not related to the performance of the contract, or because there were frequent complaints without confirming whether the seller was at fault.
Accordingly, business operators have corrected the terms and conditions so that they can immediately terminate the contract only for provisional seizure and provisional disposition of major assets necessary for contract execution, and specify the reasons for contract termination.
For example, if the customer terminates the contract due to low customer evaluation, it is possible to evaluate objectively including the re-order rate. factors such as those were objectively judged.
When sanctions such as contract termination are imposed on food and beverage business owners, the company has corrected the terms and conditions that may be subject to unilateral sanctions by allowing them to file objections or give them an opportunity to correct them.
In addition, when a platform operator causes damage to a food and beverage business owner due to interruption of service provision due to repair or replacement of information and communication equipment, the platform operator is liable only if the act is intentional or gross negligence. It was pointed out that not taking responsibility was unfair.
In consideration of this, the business operators voluntarily corrected themselves to bear the responsibility in case of intentional or negligence on the part of the company.
When the food and beverage business owner terminates the contract, the post cannot be deleted, only the company can delete the post, or the scope of use of the food and beverage business owner’s post is not specified, and following the contract is terminated, the food business owner himself/herself The terms and conditions have been corrected so that posts can be deleted.
The terms and conditions of posting through the website without regard to the importance of the platform operators when notifying the food and beverage business owners were also corrected, so that the content that is unfavorable to the food business owner or has a significant impact on the food business owner is individually notified.
An official from the Fair Trade Commission said, “This correction of the terms and conditions is a voluntary correction of the terms and conditions signed by the delivery app platform operators with the food and beverage business owners who are the sellers. We expect that the damage that business owners will suffer from unfair terms and conditions will be reduced,” he said.
