DRM에 의한 市場支配的 地位의 濫用에 대한 考察 － SKT DRM에 대한 법원의 판단을 중심으로 －

SK Telecom (hereinafter 'SKT'), starting to run the music site ‘Melon' since November 2004 aside from the mobile telecommunication service, has sold music files to consumers by letting them download the files through PCs or MP3 phones. The problem lies in that SKT MP3 phones can play music files only purchased from the ‘Melon' site, since SKT equipped their MP3 phones and music files on ‘Melon' with its own DRM (Digital Rights Management), which prevents SKT MP3 phones from playing music files downloaded from other charged sites. Seoul High Court did not acknowledge unreasonableness of SKT practice, in spite of agreeing that SKT practice fell into a forced trade by market power or it impeded consumers' benefit. This article analyzes the decision of Fair Trade Commission on SKT strategic practice and main issues of Seoul High Court judgement and discusses problems of them. Furthermore, it examines foreign cases in dispute regarding Apple's iPod/iPhone. Finally, it compares SKT case with Apple case and suggests policy implications considered in the process of applying antitrust law to a mobile market.