인터넷 서비스 시장에서의 공동규제 방식에 의한 공정거래 규제

Abstract

The matters of regulation in the internet area are gradually developing into theones for what kind of regulation we choose or how we decide the methods ofrole allocation and combination between the factors of public regulation andprivate regulation with a premise of the governmental intervention in thisarea. One of the areas which raises a need for developing a type ofco-regulation in this regard is the area of fair trade regulation. The legislation models that can be referenced to introducing co-regulation tofair trade regulation are the Fair Trade Act, the Fair Franchise TransactionsAct, and the Fair Labelling and Advertisement Act. Therefore, uponreviewing the features and differences of those laws, it is necessary to set thescope of fair trade regulation suitable for the introduction of co-regulation andto design a proper method for allocating and combining factors of publicregulation and private regulation in establishing the structure ofco-regulation. In relation to fair trade regulation by co-regulatory methods in the internetservice market, two issues can be divided: firstly, the issue of setting thescope that allows for the transition to co-regulation and secondly, the issue ofspecifying the elements of co-regulation which are rule-making, itsimplementation, and its enforcement. First of all, he scope for co-regulation can be drawn into type of actions beingfocused on freedom of economic activities of business participants andsoundness of transaction order with little relevance to competition. And theissue of specifying the elements of co-regulation relates to how the factors ofpublic regulation and private regulation are allocated and combined in eachelement. Particularly, regarding rule-making, the law provides the range ofactions or items on which delegated rules are based but only in terms of the principles while self-imposing codes of action specify what those principlesembody in detail. Implementation of co-regulation is to be carried out by aunit within a business firm or an self-regulatory organization (“SRO”) afterassessing whether private regulation is effective in a particular context of thegiven business area. In its enforcement stage, it is required to provide theincentive for the enterprises to try to minimize the risk of sanction by stayingin compliance with the system.