방송ㆍ통신 융합서비스에 대한 규제체계

Abstract

The Korea Communications Commission (“KCC”) was established as a result of the integration of the Korean Broadcasting Commission and the Ministry of Information and Communication. Subsequently, efforts to integrate broadcasting related laws and telecommunications related laws have accelerated in response to the digital convergence environment following the progress in digital technology. Various discussions have been taking place to relax and resolve the current asymmetrical regulation by shifting from the current compartmentalized and vertical regulation system to a layered regulation system. Since March of 2010, the KCC enacted the Broadcasting and Telecommunications Development Law and attempted to integrate related laws by, for example, adopting the tentatively named ‘Broadcasting and Telecommunications Development Business Law.’ Unfortunately, however, the KCC’s past 5 years of efforts were to no avail. Rather, as a result of the transfer of certain KCC’s roles, including digital convergence, communication, transmission, and network policy to the Ministry of Science, ICT, and Future Planning as part of the 2013 government re-organization, both of these government agencies seem to have lost their interests in the digital convergence legislation. In fact, digital convergence was not even on the list of the key issues for the 2013 agenda. Under the assumption that there is a lack of effective regulatory system despite the emergence of various digital convergence services, this paper examines the need for a digital convergence law by reviewing the necessity of the regulatory system and convergence regulation in relation to the current broadcasting and telecommunications related laws, the issues relating to a shift to a layered regulation system and relaxation of regulations, and other issues relating to digital convergence.