ICT 환경의 고도화와 중립성 이슈

Problems of ICT regulation do not stem from the existence of regulation itself but from how and what kind of regulation is applied. Governance of informatization should take the form of a model where promotion and regulation go together and legislation should support a balance between promotion and regulation. There needs to be a careful consideration on applying what kind of regulations on where, as well as the purpose and expected effect of the regulations. In this light, the neutrality issue, which has been much debated recently, is a subject that requires serious deliberation. We are now seeing dramatic changes in the environment of the ICT industry - concerns over market monopolization and private ruling are spreading; the influence of informatization is growing; and new standards for data processing are issued. Neutrality is considered as a fundamental legal principle to avoid side effects of such changes, to ensure competition, and to enhance social welfare. In this regard, the neutrality issue is expanding beyond network neutrality to neutrality in mobile platforms, search services, and even technologies. The practical use of discussions on neutrality lies in neutrality as an ex-ante regulation where obligations of the market participants are clearly defined in advance, rather than as an ex-post regulation which functions as criteria for judging abuses and unfair trade practices from the viewpoint of competition laws. Neutrality, in its concept, is expected to play a critical role in creating a desirable environment where ICT ecosystem naturally evolves for itself. However, if neutrality means putting another severe layer of ex-ante regulation onto existing ex-post regulation, and as a result laying an unintended burden on the ICT ecosystem, we should be careful to decide whether to adopt it or not. Implications and content of discussions on each neutrality issue differ by case: net neutrality discussions are based on the public nature of network and in line with the obligation of nondiscrimination against traditional common carriers; while social influence and risks of private ruling are not small in neutrality in mobile platforms, but the industry’s flexible nature and the possibility of change in market control caused by innovation are indisputable; while incentives for tougher regulation are greater in the search services area than in any other platforms because of its social influence, the risks in terms of effect and costs of regulation are also great; and discussions on neutrality in technologies are not about adding additional regulations but about removing wrong regulations and therefore a wise judgment and decision are extremely important. Currently we are facing a conflict of interests of major parties participating in the ICT ecosystem and it is hard to ignore arguments of each party. Therefore, while discussing the present and future of informatization, it is critical to have an accurate understanding of the ICT industry’s current situation where neutrality issue has been on the agenda and develop a clear view on what to keep an eye on and think over. Then an accurate framework for analysis to discuss the neutrality issue in each area will need to be developed. If more objective data are offered through a transparent process and a meaningful analysis framework is developed based on the data, a more efficient discussion will be possible.