전기통신사업법상 과징금 제도에 관한 고찰

Korean penalty surcharge (administrative surcharge) system attaches primary importance to realization of administrtive purpose, namely attainment of practical result of administrative disposition. There are traditionally two methods for securing perfomance of administrtive law duties in Korean Administrative Law. One method is administrtive compulsory execution against the non-perfomer of an obligation imposed by administrtive Act and subordinate statute or dispositon. The other is administrtive punishment against the violator of an administrtive obligation. Administrtive criminal punishment and administrtive disciplinary penalties are in the category of the latter. But those traditionally methods are insufficient to secure the achievment of diverse administrtive purpose in modern administration. As a result of this situation, there are several fairly new methods for securing perfomance of administrtive law duty in Korea. One of them is the penalty surcharge (administrative surcharge) system. It is well known that the introduction of penalty surcharge system in Korea was included in Monopoy Regulation and Fair Trade Act. As a result of this, penalty surcharge is originally interwovened with the economic law or the deprivation of undue profit. But owing to utility of the penalty surcharge system in modern administration, is the penalty surcharge introduced in the several fairly separate administrative Acts, besides is legal character of the penalty surcharge diversified. Therefore is imprortant for discussion of penalty surcharge system that the aim and object of the separate administrative introduced penalty surcharge system is correct understood. Telecommunications service is typically characterized by public interest. Therefore for correct comprehension of the penalty surcharge system introduced in Telecommuncation Business Act is inevitable substantial consideration for the public interest pursued by Telecommuncation Business Act. In conclusion, the purpose and substance of the penalty Surcharge of Telecommunications Business Act is more than simple deprivation of undue profit and past-oriented sanction, pursuits future-oriented sanction for protection of public interest.