멀티플랫폼의 출현과 융합에 대응하는 제도적 정책방향 = Direction of policy for the Emergence of Multi-Platform and Convergence

다국어 초록 (Multilingual Abstract)

This paper aims to analyze the current regulatory landscape overarching the broadcasting and communications market, and resolve any regulatory gap or inconsistency with a policy-based approach. This paper can also contribute to the development of a favorable ICT business environment by studying in-depth the current smart ecology. The existing discussions regarding net and platform neutrality are assessed in an attempt to find an enhanced perspective regarding network issues. Means of preventing market monopoly and unfair business practices by service platform developers are sought within the individual regulatory framework in the form of postaction control. A reasonable method of traffic management is also proposed in order to ensure de facto effectiveness of the net neutrality guidelines. Regarding issues pertaining to service platform developers, the unlawfulness criteria stipulated within the Electric Communication Business Act and IPTV Business Act are analyzed and an enhanced regulation method is proposed in order to better meet the need for public interests and consumer rights. Specifically, the proposed amendments to the IPTV Business Act include lowering the barrier to entry into the market as well as establishing postaction control mechanisms in order to regulate content developers that possess killer contents. The study also reveals that there is a need for unification of regulatory agencies that oversee personal information protection in order to address issues that may arise when cloud computing becomes prevalent in the markets. Finally, the relationship between individual unfair competition laws and Unfair Trade Act as the general competition law is also assessed to propose a reasonable method of interpreting the law. The fundamental issue regarding interpretation of many competition laws is the choice between regulation and progress. However, as long as the two values can coexist, both values should be kept in mind for the creation of a balanced business ecology via establishing a reasonable set of policies.