전기통신사업법상 금지행위에 대한 과징금 산정기준 개선방안

Abstract

This article aims to suggest the improvement scheme of criteria for calculating administrative fines for prohibited activities under the Telecommunications Business Act of Korea by improving the components of the relevant turnover-based method or considering alternatives for it based on the economics-based idea. From the economic perspective, the main objective of the legal enforcement through administrative fines lies in deterring the violation of law by altering the economic incentives of the violators in a way that induces them to refrain from the prohibited activities comparing the expected profits with the expected costs to be imposed through monetary sanctions. Since harm-based method by which the amount of administrative fines is adjusted to a decline of social welfare caused by the violation seems to be more accurate method in establishing the optimal level of deterrence, it is recommended to revise the components of the relevant turnover-based method by incorporating such elements as corresponding to harm-based method rather than act-based method. In addition, the introduction of calculation formula developed through harm-based economic idea could be contemplated as a supplement to the relevant turnover-based method. Against this background, this article proposes concrete alternatives to improve the components of the relevant turnover-based method. Particularly, various ways of defining the concept and scope of the relevant service which has the effect of violation as its integral element are suggested with some comments. As for supplementary methods, the ways of introducing the formula for calculating a decline of other enterprises' profits as well as a decline of users' surplus based on the harm-based economic idea and taking practical account of the size of illegal gains are also provided. The table contrasting the current relevant part of the regulation with the suggestion will be illustrated as a conclusion.