수요독점형 포털사업자에 대한 다층적 규제에 관한 연구

In contents industry, the development of wireless communication has changed the contents transaction landscape. The distribution channel of contents has been changed from face to face transactions at the “mart” to the “smart” platforms. In order to integrate these new transaction trends into a stabilized contents ecosystem, it is essential to establish rules for fair transactions that would ensure coexistence among the market participants. The structural reasons for unfair transactions in contents are threefold: One, the industry consists of a large number of small-scale businesses. Two, the distributors maintain dominant positions in the transactions. And the economic valuation of the contents is difficult. This study finds ways to improve the legal system that ensures the market participants fair shares from the competition in the dynamic industry, especially in portal with monopsony power. To do this, we explore the legal materials including case laws from South Korea, Japan, the U.S. and the decisions of the Fair Trade Commission, and analyze the legal position of the potal industry. Based on this analysis, this study provides evaluation standards to distinguish between fair and unfair transaction. Further, we suggest a multi-layered legal framework incorporating the perspectives of regulatory laws, competition law, and contract law.