통신서비스 시장에서의 바람직한 규제정책 방향 — 이용약관 인가제를 중심으로 —

Abstract

The authorization system on the 'Terms and Conditions of Use' (hereafter, authorization system) of Korea is an asymmetric ex-ante regulation on the significant-market-power (SMP) company in telecommunications service market. Many of foreign countries, such as USA, UK, Japan, Australia, have a tendency toward making the same regulation as the Korea's authorization system loose. Referring to such a global deregulation trend, it can be considered to alleviate the strength of the authorization system in Korea. However, the abrogation of the authorization system, mentioned as one of alternatives to improve the current system, is quite radical and unpredictable, because it still plays a positive role of protecting users and fostering fair competition. Therefore, a step-by-step deregulation of the authorization system is desirable. This paper proposes five transitive steps taken for a step-by-step deregulation: (i) adding the new provisions regarding the definition of the SMP company in telecommunications service market, (ii) modifying the current provisions on the 'Terms and Conditions of Use', (iii) reinforcing the sanctioning level on the SMP company, (iv) introducing a reserved registration system, and (v) making up the ex-ante regulation on the transfer of market power through bundling.