전기통신사업법 제36조의3상 금지행위에 관한 법적 고찰

다국어 초록 (Multilingual Abstract)

This article explores into legal problems surrounding prohibited activities in the Korean telecommunications business act sec. 36-3 and its regulations(hereafter ‘the regulations’). First, this section protects the user from the service provider's infringing his interests, but the scope of user is unclear. Second, the regulations makes the scope of applying the tied sales narrow by providing that the tied sales can be regulated only when they contradicts fair competition as well as the user's interests. Third, while sec. 36-3(1) prohibits the service provider from harming the user's interests, sec. 36-3(1)(4) stipulates the same words without suggesting the examples of such prohibited activities. Fourth, it should be questioned whether or not the service provider bears the burden of delivering or explaining standard contracts terms. Finally, this article deals with the issues of fair treatment of users, violation of prohibited activities by contracting third parties, the duty of explaining material contents of contracts, and whether suffering loss is a requisite of prohibited activities. This article suggest interpretive and legislative answers.

목차 (Table of Contents)

• Ⅰ. 서론
• Ⅱ. 전기통신사업법 제36조의3 및 관련 규정
• Ⅲ. 문제점 및 개선방안
• Ⅳ. 결론
• 참고문헌
• [Abstract]