ICT규제원칙에 기반한 온라인서비스 비대칭규제의 개선방안에 관한 연구

Abstract

This paper presents the development of asymmetric regulation between domestic and foreign companies on online businesss. Prior to seeking ways to improve asymmetric regulation, this paper is derived Regulatory principles on ICT Service : Principles of professionalism and reliability, The globalization of regulation, Ensure regulatory wits, Respected international regulatory equity, The integrity of regulated and so on. And in order to execute this principle, this paper proposed the following regulations rationalization measures : rationalization of regulation, introduction of sunsetting regulation, making rules on extraterritorial application and strong law enforcement. Rationalization of regulation means universal validity. Without universal validity on regulation, it is still far-off to compel the application of the law to foreign operators, but if the regulation has reasonable justification, it also increases the legitimacy of law enforcement. So it is very important that Regulations secure reasonable justification. However when considering national unique social and cultural circumstances, if there are regulations that must be enforced, we need to take advantage of sunsetting regulation to modify the regulation rapidly in response to the effect. In addition, it needs to be clear to have intent of law enforcement for foreign operators that violate the laws of the country. In the case that online services provided to domestic users in the country is associated with the important value that must be followed in that country, the principle that national law should be applied is reaffirmed and the applicable legislation should be made. On one hand, if we have universal validity of the regulations and restrictions, it is necessary for domestic and international service providers to abide by such regulations without discrimination. Even if there is not the regulation in abroad, it has been recognized as a national law regulating because of its universal rationality, Government enforcement of such regulations shall be strong.