망중립성(Net Neutrality) 논쟁과 관련 규제 소고

Abstract

In Korea, the net neutrality debate has been ignited by the issue of fair competition between ISPs and CPs. However, as the net neutrality expanded to the matter of protecting internet user rights, politicians and NGOs are taking parts in the debates and now the issue is viewed in the social and cultural contexts. Therefore, the concept of net neutrality is not just limited to the fair competition perspective, but also includes the concept of the 'internet user rights protection'. This concept is generallyaccepted in USA and Europe as well as in Korea, but the stance of each government seems to differ on whether to regulate such concept. USA is showing more aggressive stance on the net neutrality regulations since it lacks regulatory measures for crucial issues of “assuring universal telecommunication service” and “fair competition between ISPs and CPs” compared to other countries. On the other hand, EU has already established the means to control the internet service market mostly through proactive regulations on the incumbent operators with “EU Regulation Framework (2003)”. EU is trying to take the holistic approach rather than individual one in terms of net neutrality regulations. However, as the net neutrality disputes increase and the needs for active protection of internet user rights, the possibility of individual regulation on net neutrality is growing in EU. Realization of such indication requires more cautious observation but it is safe to say that the regulation on net neutrality is at the center of hot debates. Even in USA, where the government is regulating net neutrality, arguments among the government, the legislature and the judiciary are taking place as well as conflicts between ISPs and CPs. Such severe conflicts are obscuring the future of the current USA's net neutrality regulations. Therefore, we could say that the net neutrality regulation has not been settled reasonably in any countries globally. In this perspective, the dichotomous view some media, NGOs and experts are claiming that “some countries are regulating the net neutrality and some are not”, is inappropriate. It would be more proper to say that the net neutrality regulation has not been established in any countries and is still a controversial issue. The circumstance in Korea clearly differs from USA and is similar to one in EU. In Korea, the conflicts between ISPs and CPs and the violation of user rights can be settled through the existing regulations at least mostly if not fundamentally. Therefore, early-stage regulations could only cause more controversy without tangible outcome as in USA. Since it is still controversial and does not require immediate legislation for market to function, the net neutrality regulation could be premature intervention for the government. It would becrucial for the government to minimize market failure via existing regulations and to contemplate the necessity of new regulation through continuously monitoring the market. In addition, preventing further exhaustive disputes seems to be optimal solution as of now.