국내 이동통신 위약금에 대한 분석과 이해

This paper investigates the features and problems related to mobile telecommunication service contracts in Korea. In general, early termination fees (ETFs) decrease with the period of usage, which is consistent with major mobile telecommunications networks’ETFs in many countries. On the other hand, ETFs in Korea show different structures for different usage contracts, some of which are remarkably unique in the sense that ETFs basically increase with the period of usage because the liquidated damages are based on the accumulated amount monthly discounts. Our microeconomic analysis finds out that the purpose of this ETF structure used by Korean mobile telecommunication networks i s more f o r price discrimination, which leads to inefficiently longer contract for the patient type users, than for stability of contract. In addition, we also conclude that from legal perspectives, this ETF structure is not consistent with the standard ways for rational estimation of liquidated damage - expected damage, reliance damage, and opportunity cost damage. Finally, this ETF structure can potentially decrease welfare because a cross subsidy from‘patient’type to the ‘churning’type can appear. Our results suggest that the ETF based on accumulated amount of discount needs to be corrected. In addition, regulatory agencies need to consider not only the level of consumer fees but also the whole contract, including the ETF structures.