규제의 역설: 단말기유통법 형성 및 시행과정 분석

To resolving unfair competition such as monopolies and price cartels in the market, the government can establish market order and protect the rights and interests of consumers through the regulation of markets. In the process of regulatory formation, however, a lack of information or the capture of interest groups may occur, which might hinder a fair competition structure or infringe rights and interests of the consumers. The Act of Mobile Device Distribution Improvement enacted in October 2014, led by regulatory bodies, its goal was to improve a distribution structure of the mobile market and to protect rights of consumers. However, unlike the intention, it undermined free competition of mobile handset actors, negatively affected the welfare of consumers, and brought about 24 revised bills to the third year of implementation. Therefore, the purpose of this study is to analyze the formation process of the Mobile Device Distribution Improvement Act, and its effects on society after implementation. First of all, to find the relations between issues and actors, I classified the policy formation process into three periods. Then, I have identified the influence of major actors in each period, the relationship between the contents of current pending amendments and the social influence from the time of enforcement to the present. As a result of analysis, it was concluded that the intention of law had not been achieved properly because of the specific actor captured government agencies to blocked the enforcement of institution of separation subsidy, that is to say, the paradox of regulation is occurred.