방송통신시장에서 망 중립성과 관련된 규제의 쟁점과 공정거래법의 적용가능성

Abstract

Discussions on net neutrality have developed mainly around the topic of broadband internet service networks. This is especially due to recent developments in internet service and increased consolidation of broadcasting and communication services through the internet. Discussions on net neutrality have also been enhanced in Korea pursuant to movements to enact a consolidated set of regulations to address areas of convergence in the broadcasting and communication services. The concept of net neutrality encompasses various meanings and developments depending on the approachtaken. Views on necessity for regulating net neutrality also vary greatly based on interests that lie underneath. Major parties with interests in the discussions for net neutrality in the internet service include internet service providers (ISPs), contents providers that offer contents through the internet (CPs) and internet users that utilize the contents provided (Users). The views of ISPs, CPs, and Users may differ substantially not only with regards to regulation of net neutrality but also other issues such as control of bandwidths, introduction of premium networks, and internet metering. Most discussions on netneutrality, until now, have taken place from a policy perspective rather than a legal perspective. However, taking into consideration that the discussion involves competition issues in the broadcasting and communications market and that the divergent interests regarding the internet service networks is likely to result in legal disputes a legal discussion has now become necessary. In initiation of legal discussions for net neutrality, this article aims to outline the basic concepts of net neutrality and introduce the divergent interest and disputes among major parties while also reviewing the applicability of competition laws and current prospective for legislation.