부가통신사업자의 서비스 안정성 의무에 대한 고찰

The Telecommunications Business Act imposes a service stability obligation on large content providers(CPs). The Act fully delegates the applicable object and specific obligations to the Enforcement Decree of the Act. Delegation legislation is used to secure rapid legislation and expertise in the regulatory sector. The National Assembly should decide the essential matters that constrain the rights and obligations of the people under the rule of law. The provisions of Article 22-7 of the Telecommunications Business Act alone make it difficult to predict the scope of application and the specific obligation to secure service stability. The purpose of the law is to target large CPs. The Enforcement Decree of the Act limits the imposition of service stability obligations, which are natural roles, on CPs to "measures performed within the scope of their own authority and responsibility". However, this is consequential interpretations. It is necessary to prescribe essential matters in law for legal stability. In the legislative notice of the Enforcement Decree of the Telecommunications Business Act, CPs were obliged to submit data on hardware-related data and traffic routes regularly, but this is an illegal regulation beyond the scope of the delegation. In the process of discussing the Enforcement Decree, it has been changed to post-submission due to service failures. In addition, it was alleged that the regulation violated the Korea-U.S. FTA's obligation on national treatment by targeting overseas CPs. However, it is not discriminatory measures against foreign CPs in that they have the same proportion of domestic and foreign CPs subject to application and are subject to general obligations. Even if overseas CPs are the most of application in the future, it will not be seen as a violation of national treatment in that it is difficult to predict changes in the subject of application at the time of the regulation was introduced.