EU, 미국, 일본의 방송통신에 관한 수평적 규제 법체계 개편 비교분석

Abstract

The horizontal regulatory system refers to “the system under which factors and functions of services are horizontally separated, the factors and functions of the same characteristics are each grouped into the same layers, then the same regulatory principles are applied to the same layers, and regulatory intervention between different layers is minimized.” In order to implement the horizontal regulatory system, layers should first be divided, but there has not thus far been a generalized layer classification, and according to nations, methods vary to classify the layers and to apply the horizontal regulation. Likewise, the European Union separated the layers into carriage layer and content layer and then completely reshuffled the regulatory system. The US pursues a mutual regulatory balance within the existing framework of communications and broadcasting. Also, in an effort to go from gradual reshuffling to complete reshuffling within the existing framework, Japan is striving to separate the layers into network, service/platform, and contents layers, to integrate communications-related laws, and thus to plan to enact Information Communication Act(tentative). although different in the layers and types, these nations try to respond to the integration and convergence of communications and broadcasting by reshuffling them horizontally. However, Korean situations are different. With regard to the introduction of diverse multimedia services including IPTV(TV over the Internet), only disputes have continued for three years over whether IPTV is communication service or broadcasting service; as a stopgap measure, an Internet Multimedia Broadcasting Business bill has established and been submitted to the National Assembly for approval. No progress has been made with regard to the total legal system reshuffling aimed at encompassing both communications and broadcasting. Amid this situation, with the establishment of the transit committee for launching a new government, sooner or later, regulatory problems with respect to organizational reshuffling or convergence services will be addressed. Thus, more importantly at this point, it should be discussed how a new legal system combining broadcasting and communications should be determined. However, until a new regulatory agency to be installed stabilizes itself with the planned launching of a new government, there is a high possibility that a discussion on a new legal system may be deferred. Then, it is now very necessary to prepare for a full-swing legal reshuffling. To that end, it is necessary to analyze foreign nations' cases of implementing the horizontal regulatory system, and to continue monitoring and forecasting the domestic broadcasting and communications markets with a view to determining the regulatory direction. Furthermore, a mid- and long-term roadmap for revamping the legal system should be established, future values should be explored for ensuring a smooth revamping of the system, and creative alternative should be explored to revamp the future-oriented legal system.