헌법적 관점에서 망 중립성과 제로레이팅 서비스 고찰

Abstract

Network neutrality is the principle that Internet service provider(ISP) must treat all Internet communications equally, and not discriminate or charge differently based on user, content, website, platform, application, type of equipment, source address, destination address, or method of communication. Internet service providers(ISPs) can put an economic burden on content providers(CPs) or application providers(APs) in order to solve heavy traffic or explosions. This does not violate the network neutrality principle because it does not discriminate against the content provider(CP) or the application provider(AP), but charges for causing heavy traffic or explosion. In addition, the Enforcement Decree of the Telecommunications Business Act was revised in 2020 to define the high-speed Internet as a ‘universal service’, thereby making it possible to provide high-speed Internet to the economically disadvantaged. Zero-Rating denotes a tariff (or tariff option) that allows end-users to access certain content without being charged for the corresponding data consumption. Zero-rating is usually exercised in mobile networks, where it is common to sell end-user tariffs that entail a certain data allowance. Zero-rated content would then not count against that allowance. However, zero-rating is also possible in pay-per-use tariffs, where end-users would pay extra for each marginal unit of data consumption. Here, zero-rated content would incur an incremental data cost of zero. Zero-Rating services are likely to be introduced in line with the development of the ICT industry and the Internet, broadcasting, and media markets. Even if Zero-Rating service is introduced, it should be legalized so that users cannot block access to or use of the Internet. In addition, due to the Zero-Rating service, legal regulations should be prepared for monopoly of Internet service providers(ISPs).