통신위원회 재정(裁定)의 법적 성격과 불복방법

Abstract

Korea Communications Commission (KCC) is an independent regulatory agency, which is established by the Article 37 of Telecommunications Basic Act. And it develop and enforce policies which promote fair competition in the telecommunication marketplace, and protects the interests of telecommunications consumers also. It is charged with deliberating issues concerning fair competition environments and consumer protection of telecommunication services, and with arbitrating disputes among telecommunication service carriers and between users and carriers. It arbitrates disputes among telecommunication service carriers regarding provision of facilities, interconnection, collocation of facilities and provision of information related with the facilities, and consumers' loss or damage from telecommunications services. KCC make the exclusive(quasi-jurisdictional) decisions on arbitration. Before making arbitration, the KCC gives the concerned parties an opportunity to present an opinion and sends the arbitration in a form of a document to each party. When a lawsuit is not initiated within 60 days from the day when the document is delivered to the parties or when a lawsuits cancelled, it is deemed that an agreement is reached between the parties as the same defined in the arbitration. But the arbitration in KCC is not the arbitration in Arbitration-law, and it has not any meaning in process-law. It is just adjudication of agency. So we can bring an action against KCC for nullity of the adjudication.