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정보통신산업과 독과점규제 : Applying Competition Law to the Telecommunications Industry
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- Authors
- Issue Date
- 2005
- Publisher
- 서울대학교 법학연구소
- Citation
- 법학, Vol.46 No.4, pp. 197-218
- Keywords
- 정보통신산업에 독점규제법 ; 자연독점(natural monopoly)사업 ; 산업법적 규제 ; 경쟁법적 규제 ; 전기통신사업법
- Abstract
- In Korea, the government has controlled the telecommunications system since
1960, because the telecommunications service was considered to be a public
service. However, such control systems have been increasingly ineffective as
advances in technology have expanded the capacity of telecommunications
networks, and new systems and services have been developed which allow
people to by-pass traditional infrastructures. Moreover, the rapid change in the
social and economic environments has made existing telecommunications
legislation and regulation irrelevant and redundant in an increasing number of
cases.
The Korean government has endeavored to restructure and deregulate the
telecommunications industry since 1980. As a result, new providers have been
able to enter the international call, long distance call and mobile phone sectors
since 1990, and also the local call sector since 1997. However, the
telecommunications industry is still suffering from the obligations imposed by
various redundant government regulations, and is in the process of transforming
from a regulated industry to a competitive one.
At the same time, telecommunications operators are obliged to comply with
the requirements of competition law, as the Korean Fair Trade Commission has
been applying the Monopoly Regulation and Fair Trade Act to the
telecommunications industry since 1987. Applying competition laws and
government regulations to the telecommunications industry raises manifold
conflicts which may impede the further development of the industry.
- ISSN
- 1598-222X
- Language
- Korean
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