인터넷 상호접속협정의 법적 검토

Abstract

In the telecommunications service, interconnection is essential. Interconnection is provided through the agreement between one party who provides interconnection service and the other party who uses its service. When an agreement of interconnection is concluded by powerful party, the agreement restricts fair trades in its market. Furthermore, consumers and other operators will damage due to this agreement. Therefore, measures which are to ensure the fairness of interconnection agreements are required in the legal aspect. Meanwhile, when certain operators which have significant market power or essential facilities conclude interconnection agreements in the fixed voice telephony market and the mobile market, they have to disclose contents of interconnection agreements they have concluded. This duty is added newly through the revision of the Telecommunications Business Act. It is to secure a fair trades in its market. However, because this duty does not apply to the internet access market, we have to look for other ways to ensure the fairness in internet access market. In this article it is dealt with the control of an agreement contents entered into between the parties through the process. It may be not ex-ante regulation but precautionary measures. This paper is dealing with ploblems of internet interconnection agreements currently being used and its improvements. It is about what the construction and contents of the internet interconnection agreement should be. It is necessary to improve legal institutional problems for the fair competition in the internet interconnection market. This article will help the regulatory agencies and operators prepare preventive measures against unfair practices by major suppliers in the internet access market.