전기통신사업법상 이용자이익 저해행위의 금지 再論

Abstract

Regulation of prohibited acts under Article 50 of the telecommunications business Act (hereinafter ‘the Act’) is a key policy instrument to maintain fair competition in telecommunication markets and to protect users’ interests. Among the various types of prohibited acts, one that has a particularly important meaning is the act undermining telecommunication service users’ interests. However, the classification of the act undermining users’ interests in the Enforcement Decree of the Act is not logical and the criterion for judging illegality of the practices in question in actual law enforcement is also unclear or rigid. In the meantime, the provisions of the Telecommunications Business Act and the Enforcement Decree of the Act have undergone considerable changes through several revisions. However, many of the problems have not yet been resolved, and even the recent revision of the Enforcement Decree of the Act has amplified the uncertainty about the judging criteria of acts which are allegedly undermine users’ interest in the law enforcement. In order to improve the regulation of prohibited acts including the acts undermining user’s interests in the Telecommunications Business Act, it is necessary to try to improve law enforcement practices on prohibited acts in the Act and make legislative improvement based on the analysis of the law enforcement results.