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통신산업(通信産業)에서의 네트워크 중립성논의(中立性論議)와 적용(適用)에 대한 연구(硏究) -광대역 인터넷 망을 중심으로- : A Study on the Concept of Network Neutrality and its Application to the Telecommunication Industry -Focusing on Broadband Network-

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Authors

최승재

Issue Date
2008
Publisher
서울대학교 법학연구소
Citation
법학, Vol.49 No.2, pp. 217-255
Keywords
네트워크 중립성브로드 밴드 네트워크무차별성의 원칙인터넷 서비스 제공자기간통신사업자오픈 액세스network neutralitybroadband networknon-discriminationinternet service provider
Abstract
Network Neutrality is a concept under big debate. We can find a spectrum of

this concept. One of the extreme concept does not allow any discrimination

against ISP(Internet Service Provider)s such as Google, Skype by BSP(Broadband

Service Provider)s such as AT&T, Comcast, Verizon, inclusive of open access

between BSPs and ISPs. In the opposite side of this spectrum, there exists a

concept that BSPs can exercise their property right as is the same case with the

other property rights to secure the incentive for their investment.

The character of internet as an open architectural infrastructure has facilitated

the technology innovation up to now in the IT area. Network Neutrality issue is

a new issue but with a old lessons. In US, West Union in electronic telegraph

industry and AT&T in the telephone industry can be referenced to solve the

problems in the broadband internet network. However, as we can see in the

process for the revision of Telecommunication Act of 2006 in the US, the

reason why Capital Hill can not come to a certain conclusion is the conflict of

interest between ISPs and BSPs in terms of their business model.

This concept of Network Neutrality can be useful tool to review the current

Korean telecommunication law and its subsets. Korea is a fast growing country

in the IT area based upon the internet. We has to maintain the vitality of this

industry. From this standpoint, I understand that Network Neutrality has to be

basic concept in case of any revision of our current legal system in the...
ISSN
1598-222X
Language
Korean
URI
http://lawi.snu.ac.kr/

https://hdl.handle.net/10371/10219
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