통신규제당국의 조직 및 절차에 관한 연구
The Study on the Organization and Procedures of Communications Authorities
0
조회
0
다운로드
2
인용
0
참고문헌
키워드
초록
Abstract
The communications industry is one of the most important industries and is closely related to our daily lives. Its effective regulation is essential, but very difficult because it is very specialized and change every moment. In 2008, Korea Communications Commission(KCC) was established for the effective regulation of Korean communications industry, which consolidated the former Ministry of Information and Communication(MIC) and the Korean Broadcasting Commission(KBC). The KCC consists of five permanent commissioners including the chairman. Two commissioners have been appointed by the President and one of them has been inaugurated as the Chairman of the KCC. The Chairman's position is of Minister-level. The other three members have been recommended by the National Assembly, one by the President's party and the others by the opposition parties. The KCC is similar in the organization and procedures to the Federal Communications Commission of the United States(FCC), which is classified as an independent regulatory commission. However, the KCC is an agency belonging to the President unlike the FCC. The FCC does not belong to any of legislative, administrative or judicial branch and is even called 'the Fourth Branch'. The KCC adopted an organization with a collegial body for independent, fair and neutral decision making. It needs to be noted that the KCC should be practically operated to the purport of commission system. Generally, commissions have an tendency to be operated inefficiently compared with single-headed agencies. Commissions do not need to make all decisions through deliberation by members. For ordinary matters, it is more efficient for an chairman or his or her subordinates to handle. For this, the KCC has the Secretariat composed of two offices and three bureaus. The quasi-legislative power is also very important because the details about communications regulation are difficult to be prescribed in advance. The rules made by delegation of laws have the legal force for firms and courts. Any person dissatisfied with the measures taken by the KCC can file an appeal and a lawsuit. However, the special procedures for those are not prescribed in the laws. The measures taken by quasi-judicial procedures are not suited for ordinary appeals and lawsuits. The measures in communications industry should be finalized early in order to eliminate the uncertainties in business.
참고문헌 (34)
- 권오승, "경제법" (2008), 법문사
- 권오승, "시장경제와 법" (2006), 서울대학교 출판부
- 권오승, "公正去來法 강의" (1996), 법문사
- 권오승, "자유경쟁과 공정거래(公正去來法강의 III)" (2002), 법문사
- 권오승, "공정거래와 법치" (2004), 법문사
- 김남진, "행정법(I)" (2007), 법문사
- 김동희, "행정법 I" (2008), 박영사
- 박정훈, "행정법의 체계와 방법론" (2005), 박영사
- 박정훈, "행정소송의 구조와 기능" (2006), 박영사
- 유훈, "행정학원론" (1983), 법문사
- 이원우, "정보통신법 연구 I(통신시장에 있어서 전문규제기관과 일반경쟁규제기관과의 관계)" (2008), 경인문화사
- 이원우, "정보통신법 연구 II(통신법의 집행절차 및 불복제도)" (2008), 경인문화사
- 임영철, "公正去來法" (2008), 법문사
- 박정훈, "公正去來法의 공적 집행, in:공정거래와 법치" (2004), 법문사
- 미국 競爭當局의 사건처리절차와 제도에 관한 연구, "정세훈", 公正去來委員會, ~, pp.용역보고서 (1999)
- 조성국, "競爭當局 조직 및 사건처리절차에 관한 법률적 쟁점", (競爭法학회발표논문) (2006)
- 조성국, "미국 FTC 사건처리절차에 관한 연구, in:公正去來法 집행의 선진화", 한국법제연구원, ~ (2007)
- 조성국, "독립규제기관의 사건처리절차의 개선방안― 미국 FTC의 사건처리절차를 중심으로 ―", 행정법연구, 16, pp.105~126 (2006), 행정법이론실무학회(行政法理論實務學會)
- 조성국, "경쟁법집행의 조직 및 절차에 관한 연구", 박사, pp.2009
- Robert A. Katzmann, "Regulatory Bureaucracy : The Federal Trade Commission and Antitrust Policy" (1981), The MIT Press
- S.M.Benjamin, "Telecommunications Law and Pollicy" (2006), Carolina Academic Press
- Stephanie W. Kanwit, "Federal Trade Commission, Vol 1" (1981), Shephard's McGaw-Hill
- Stephanie W. Kanwit, "Federal Trade Commission, Vol 2" (1991), Shephard's McGaw-Hill, Inc.
- ephen G. Breyer, "Administrative Law and Regulatory Policy", Aspen, ~ (2002)
- William F. Funk, "Administrative Law", Aspen, ~ (2006)
- David C. Nixon, "Chairman and the Independence of Independent Regulatory Commissions", Paper presented at the Conference of the Midwest Political Science Association, ~ (2003)
- Malcom B. Coate, "Does it Matter that the Prosecutor is also the Judge? The Administrative Complaint Process at the Federal Trade Commission", Managerial and Decision Economics, 19 (1998)
- Philip Elman, "The Regulatory Process : A Personal View", Antitrust L.J., ~ (1990)
- Posner, "The Behavior of Administrative Agencies", I.J.Legal Stud., ~ (1972)
- "President's Committee on Administrative Management, The Report of the Committee with Studies of Administrative Management in the Federal Government", ~ (1937)
- The Problem of the Independent Regulatory Commission, Report of United States President's Committee on Administrative Management in the Federal Government, "R. Cushman", ~ (1937)
- Stephanie P. Newbold, "The President's Committee on Administrative Management-The Untold Story and the Federalist Connection", Administration & Society, 38(5) (2006)
- "The Hoover Commission report on organization of the Executive Branch of the Government", ~ (1949)
- "The President's Advisory Council on Executive Organization, Report On Selected Independent Regulatory Agencies", ~ (1971)