주파수 이용권 양도ㆍ임대의 법률관계 －사법(私法)상 법률관계를 중심으로－

Radio wave, which is an essential means to transmit sound, data, or images, is inexhaustible natural resource which can be produced by anybody equipped with certain facilities. But it also has physical property of creating jamming or interference if the radio waves of a same spectrum are used simultaneously at the same space. For this reason Korean Radio Wave Act provides for a system of allocation of radio wave spectrum to ensure better use of radio wave. However the efficiency of using radio spectrum, which is limited resource, may be hindered if the alloted spectrum is not fully used. In this circumstance Article 14 of Radio Wave Act allows transfer or lease of radio spectrum license to enhance efficiency of radio spectrum use and to allow more users to share the same spectrum. However the transfer or lease of radio spectrum license is not widely used in practice, thus analysis and practical research of legal issues and consequences surrounding radio spectrum transfer or lease are urgently needed. Transfer or lease of radio spectrum between private parties shall be governed entirely by private law, but traditionally legal issues surrounding radio spectrum use were discussed mostly from the perspective of public law, consequently civil law issues in legal relationship between transferor and transferee or between lessor and lessee were not seriously debated. Especially the concerns for the protection of lessee in the lease of radio spectrum should be noted, since the prospective user who want to share the unused portion of radio spectrum are highly likely to avoiding leasing for fear of unstable legal status. For the purpose stated above, this paper shall firstly review the regulations of radio spectrum use, and analyze the legal relationship and structure surrounding use of radio spectrum license, transfer or lease thereof, and finally examine protection of lessee in radio spectrum lease.