빅데이터 이용에 대한 경쟁법 적용 연구 : 빅데이터의 온라인상 수집 및 활용의 관점에서

국문 초록 (Abstract)

빅데이터는 21세기에 혁신을 가져올 중요한 원천으로서 빅데이터를 활용한 비즈니스 모델이 하나의 선택이 아니라 필수로 자리매김하고 있다. 그러나 경쟁법적으로 보았을 때, 신규사업자가 과연 직관과 사업능력만으로 빅데이터를 보유한 사업자를 극복할 수 있는지에 대한 문제가 제기되고 있다. 그러나 국내에서는 아직까지 빅데이터를 개인정보보호의 관점에서만 다루고 있는 실정이다.
본 논문에서는 빅데이터가 수집상 야기되는 문제점과 그것이 빅데이터 활용에 어떠한 부정적 영향을 미치는지 살펴본 후, 빅데이터 수집과 그에 이은 활용의 전 과정에 걸쳐 발생하는 시장실패 현상을 경쟁법적으로 어떻게 규제할 수 있는지를 논의하고자 한다. 특히 빅데이터 수집상의 문제에 왜 경쟁법적 규제가 필요한지에 대하여 살펴보았다.
구체적으로 빅데이터 수집과 관련하여 국내 공정거래법상 거래거절, 필수설비이론, 가격남용의 법리가 문제될 수 있음을 논증하였고. 그 전제로 관련시장 획정 시에는 SSNIP 테스트 보다는 SSNDQ 테스트가 적절할 수 있음을 설시하였다. 마지막으로 빅데이터 수집단계에서 경쟁법이 개입하는 것은 단순한 ‘규제’의 의미가 아니라 빅데이터가 활발히 활용되어 다양한 서비스가 생겨날 수 있는 환경을 ‘조성’하는 의미임을 강조하였다.

목차 (Table of Contents)

• [ 목 차 ]
• 제1장 서설 ········································································ 1
• 제1절 연구의 목적 ····································································· 1
• 제2절 연구의 방법 ····································································· 3
• 제2장 빅데이터 개괄···························································· 4
• 제1절 빅데이터의 의미································································· 4
• Ⅰ. 빅데이터 정의········································································ 4
• 1. 통상적 의미············································································· 4
• 2. 미국에서의 논의········································································ 5
• 3. 유럽에서의 논의········································································· 6
• 4. 소결·························································································· 7
• Ⅱ. 빅데이터의 특색········································································· 7
• 1. 양적 중요성 및 다양성(Volume & Variety) ··································· 8
• 2. 속도(Velocity)············································································· 9
• Ⅲ. 일반 데이터와의 차이점······························································ 10
• 1. 수집기반의 차이 ········································································ 10
• 2. 비가치성(Unstructed Data) ························································· 11
• 3. 소결··························································································· 12
• 제2절 빅데이터의 수집 및 활용과정···················································· 13
• Ⅰ. 개설·························································································· 13
• Ⅱ. 빅데이터 수집 및 분석································································· 14
• 1. 구글 쿠키 사례 ··········································································· 14
• 2. 데이터 거래················································································· 15
• Ⅲ. 빅데이터와 인터넷 서비스의 중요성················································ 17
• 1. 단일 인터넷 서비스에 의한 빅데이터 수집과 분석 ······························17
• 2. 검색서비스 사업자에 의한 연계시장의 창출 ······································ 19
• 제3절 결론 - 빅데이터의 경쟁상 이점에 따른 기업들의 빅데이터 독점화 의도·20
• 제3장 빅데이터 수집과 경쟁법적 쟁점·········································· 21
• 제1절 서론······················································································· 21
• 제2절 인터넷 서비스 시장의 특성························································ 22
• Ⅰ. 개론 ··························································································· 22
• Ⅱ. 승자독식 경쟁구조·········································································· 23
• 1. 경쟁법상 네트워크 효과와 진입장벽 ··················································· 23
• 2. 고착효과 ························································································· 24
• 3. 경쟁법적 규제의 난점 ········································································ 25
• Ⅲ. 검색서비스 사업자의 시장지배력 전이 문제 ········································· 26
• 1. 검색서비스 사업자의 수익구조 ····························································· 26
• 2. 시장지배력 전이 사례·········································································· 27
• 1) Microsoft 끼워팔기 사건····································································· 27
• 2) EU 구글 끼워팔기 사건 ······································································ 28
• 3) 네이버 공정위 의 ··············································································· 28
• Ⅳ. -시장에서 경쟁을 활성화 시킬 수 있는 빅데이터 ····································29
• 제3절 빅데이터 수집의 독점화··································································· 30
• Ⅰ. 빅데이터 무제한성에 대한 재고 ··························································· 30
• 1. 이론적 가능성에 대한 실증적 고찰························································· 30
• 2. 빅데이터 독점화 가능성······································································· 31
• Ⅱ. 진입장벽으로 작용하는 빅데이터 - 빅데이터의 지식재산권화 ··············· 32
• 1. 고착효과와의 관계··············································································· 32
• 2. 기술 장벽과의 차이점 ········································································· 34
• 3. 경쟁법상 문제되었던 특허권자의 남용행위 ··········································· 35
• Ⅲ. 특허 규제의 빅데이터 규제에 대한 시사점 ············································ 37
• 제4절 결론 - 빅데이터 수집의 제약이 활용에 미치는 영향 ·························· 39
• 제4장 빅데이터 수집･활용상의 제약과 개인정보보호법제 · ··················41
• 제1절 빅데이터 수집과 개인정보보호법제와의 관계 ·····································41
• 제2절 개인정보보호법제와 데이터 이동성····················································43
• Ⅰ. 개설 ································································································43
• Ⅱ. 데이터 이동성의 개념··········································································45
• 1. 의의 ··································································································45
• 2. EDPS의 데이터 이동성 가이드라인 ························································45
• 1) 내용 ·································································································45
• 2) 범위 ··································································································46
• 3) 한계 ··································································································46
• Ⅲ. 빅데이터 수집에 대한 경쟁법 집행의 필요성 ··········································47
• 제3절 새로운 서비스 개발과 빅데이터 규제 · ··············································49
• Ⅰ. 플랫폼 중립성 ··················································································· 49
• Ⅱ. 데이터 이동성·····················································································51
• Ⅲ. 서비스 개발 단계의 규제 필요성·························································· 51
• 제4절 경쟁법 집행의 지향점·······································································52
• Ⅰ. 시장 형성의 역할·················································································52
• Ⅱ. 빅데이터 활용단계의 경쟁보장을 위한 수집의 활성화 ··························· 54
• 제5절 결론·····························································································55
• 제5장 경쟁법적 규제 방안의 검토 ··················································56
• 제1절 쟁점의 정리················································································ 56
• 제2절 관련시장의 획정··········································································· 57
• Ⅰ. 기존 시장획정 방식의 난점 ······························································ 57
• Ⅱ. SSNDQ 테스트 ··············································································· 58
• 1. SSNDQ 테스트의 의의······································································· 58
• 2. 중국 Qihoo v.s. Tencent 사건 ·························································· 59
• Ⅲ. 국내 시장에서의 시사점····································································· 60
• 1. 국내시장에서 빅데이터의 부재 ······························································60
• 2. 검색 서비스 사업자에 대한 고찰 ···························································60
• 3. 검색서비스 사업자가 보유한 빅데이터에 대한 SSNDQ 테스트 적용 ·· 62
• 제3절 필수설비이론 적용 가부·································································· 63
• Ⅰ. 의의 ································································································ 63
• Ⅱ. 빅데이터가 필수설비인지 ··································································· 64
• Ⅲ. 필수설비이론에 따른 경쟁저해성 검토 ················································· 66
• Ⅳ. 비교형량에 따른 결론········································································· 66
• 제4절 거래거절의 법리 검토····································································· 67
• Ⅰ. 문제점······························································································ 67
• Ⅱ. 거래개시 자유의 제한 ······································································· 67
• Ⅲ. 거래거절의 부당성 입증 ····································································· 68
• Ⅳ. 소결 - 빅데이터의 무제한성에 대한 재고·············································· 70
• 제5절 가격남용······························································································· 71
• Ⅰ. 문제점····························································································· 71
• Ⅱ. 빅데이터 가격과 특허실시료의 차이 ··················································· 71
• Ⅲ. 적정 가격의 설정 방안······································································· 73
• 1. 가격현황··························································································· 73
• 2. 데이터 이동성과의 균형······································································ 74
• Ⅳ. 소결 ······························································································· 75
• 제6절 빅데이터 수집단계에 대한 경쟁법 집행의 중요성과 경제적 효율성에 대
• 한 기여································································································ 75
• 제6장 결어···························································································· 77
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