통신 분야의 행정조직 및 절차에 관한 연구 - 미국 FCC를 중심으로-
Legal Issues on the Organization and Procedures of Independent Regulatory Agencies : Focused on Federal Communication Commission of the US
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Independent regulatory agencies like U.S. FCC have the following characteristics; quasi-judicial procedures, independence and commission system. The U.S. FCC is the representative independent regulatory agency enforcing communications law in the United States. The FCC is composed of five Commissioners, who are appointed by the President, by and with the advice and consent of the Senate. Not more than three of the Commissioners shall be members of the same political party. The FCC has staffs to investigate cases and analyse legal and economic issues. The agency is famous for its strict adversarial system in spite of the combination of prosecutorial and adjudicatory functions in a single agency. They are Administrative Law Judge("ALJ") System and the ban on ex parte communications. ALJs and commissioners are prohibited ex parte contact with the staffs, once a complaint has been filed. In 2008, Korea Communications Commission(KCC) has been established in order to promote communications in Korea. The independence and neutrality of commissioners is an essential element in improving the KCC. Further separation of functions between commissioners and the staffs in a adjudicatory stage is required for an fair adjudication.
Abstract
Independent regulatory agencies like U.S. FCC have the following characteristics; quasi-judicial procedures, independence and commission system. The U.S. FCC is the representative independent regulatory agency enforcing communications law in the United States. The FCC is composed of five Commissioners, who are appointed by the President, by and with the advice and consent of the Senate. Not more than three of the Commissioners shall be members of the same political party. The FCC has staffs to investigate cases and analyse legal and economic issues. The agency is famous for its strict adversarial system in spite of the combination of prosecutorial and adjudicatory functions in a single agency. They are Administrative Law Judge("ALJ") System and the ban on ex parte communications. ALJs and commissioners are prohibited ex parte contact with the staffs, once a complaint has been filed. In 2008, Korea Communications Commission(KCC) has been established in order to promote communications in Korea. The independence and neutrality of commissioners is an essential element in improving the KCC. Further separation of functions between commissioners and the staffs in a adjudicatory stage is required for an fair adjudication.
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