規制産業의 市場化와 法의 對應

Abstract

In this paper, it is intended to overview the prevailing legal environments in such regulated industries as energy, including electricity and gas, telecommunication and broadcasting, banking and insurance etc., and then tries broad outlines for legislative efforts for a more liberalized and a more market oriented restructuring in those fields. Specific issues of stranded benefits and universal services are also touched. In the preceding two decades, Korean economy had undergone structural changes toward a more competitive and a more opened-up national economy, and policy efforts have been focussed on the market reform in private sectors and regulatory reforms in public sector and regulated industries. Liberalization in the regulated industries are intended for the introduction of increased competition and enhancement of efficiency in those fields, and it does not mean total abolition of government functions and supervision. In these context, firstly, reframing the basic relationship between market function and government intervention, and then, secondly, arrangements of jurisdiction conflicts between specific regulator in the related sector and general competition authority would be two key issues in those legislative efforts. On the latter, this paper is especially focussed. FTA agreement between Korea and United State contains, in Chapter 16, substantial numbers of provisions relating to competition policy, its enforcements and consumer protection. The agreement also provides on designated monopolies and state enterprises, and acquiesces government intervention and restraint of competition in these fields, but it asks non-discriminatory treatment toward citizens and businesses of counterpart nationalities. The agreement does not provide any specific clauses designed to promote competition in the regulated industries, however, it is widely held that FTAs would enhance competition in those fields and bring about more competition oriented changes in the government regulations.