통신요금인가제의 정당성 판단기준과 개선방안 : 이동통신서비스를 중심으로

Abstract

The purpose of this review is to search for ways to improve the approval system for chargingtelecommunication fees, which has again become a hotly debated social topic in Korea. Under the Telecommunications Business Act of Korea, telecommunication services of key telecommunicationservice providers of certain size and market share are subject to the approval by theMinistry of Science, ICT and Future Planning. Such requirement for approval constitutes asymmetricex-ante regulation to control and regulate market-controlling businesses. Considering that thetelecommunication charge approval system, an ex-ante regulation, is a means to construct and implementan economic policy for the purpose of fostering and promoting effective competition, itcan be justified only if the regulation is an effective means to accomplish the purpose of preventingabuse of market power unique to the telecommunications market (principle of relevance to purpose),is limited only to the scope necessary (principle of proportionality or minimum necessaryprinciple), is permitted in the absence of an ex-post facto regulation method which restricts competitionto a lesser extent (principle of subsidiarity), and is periodically reviewed to determinewhether the purpose of ex-ante regulation has been fulfilled, so that its alleviation or revocation canbe decided in an objective and predictable manner (sunset principle or principle of excessive regulation). However, unlike the early stages of fostering competition in the market, due to changes in theenvironment of the telecommunications market such as increased efficiency based on developmentin telecommunications technology and introduction of new integrated service as well as increasedsocial demand for alleviation of financial burden on the household through lower charges, the telecommunicationcharge approval system is subject to intense criticism that the system restricts effectivecompetition in charges. In particular, considering the current telecommunications market environmentand the existence of regulations prohibiting certain activities, it is difficult to assume thatthere is a high likelihood of abuse of market power such as predatory pricing in the telecommunicationindustry. In addition, considering that telecommunication services are determinedpursuant to functions of supply and demand arising from fierce competition among private businesses,there appears to be little necessity in regulation. Moreover, the argument that continuing thetelecommunication charge approval system is required in order to regulate and restrict businessesfrom introducing unfair or unjust terms and conditions in its telecommunication charge policy doesnot seem to satisfy the principle of proportionality or subsidiarity mentioned above. In particular, the Act on Improvement of Mobile Telecommunication Distribution System, effectiveas of October 1, 2014, prohibits discrimination of consumers through strict regulation of illegal subsidy for mobile phones, so that resources of telecommunication businesses can be used for improvementin telecommunication quality and decrease in charges, to promote more reasonable allocation of resources, ultimately for the interest of the consumers. In light of the foregoing, there isa pressing need for the Ministry of Science, ICT and Future Planning and the KoreaCommunications Commission to revamp the paradigm of the regulatory framework applicable totelecommunication charges in parallel to the Act on Improvement of Mobile Telecommunication Distribution System.