OTT와 IPTV 간 규제 동조화를 위한 우리나라의 통상친화적 정책방향

This paper is to suggest a trade-friendly policy direction for regulatory synchronization between OTT and IPTV by analyzing Korea’s legal obligations as per KORUS FTA and GATS. Regulatory burden is domestically different for each, although they compete in virtually the same audiovisual media market. While OTT enjoys the benefits of deregulation as a value-added telecommunication service, IPTV suffers from heavy regulation by being treated the same as a traditional broadcasting. They are homogeneous in allowing programming autonomy for audience. Contrasting point exists in transmission for distributing audiovisual contents. OTT depends on general-purpose internet network, whereas IPTV adopts proprietary or dedicated network. In short, they are services of the same nature and essential attributes, but with different technological means for supply of services. Reservations made in KORUS FTA show that Korea’s discretionary power is asymmetric in regulating OTT and IPTV. It is only comprehensively secured for the latter. The situation seems little different when we force technological neutrality principle forming WTO jurisprudence on Korea’s GATS commitments. So to conclude, tightening regulation on OTT in the context of regulatory synchronization is likely to breach Korea’s legal obligations as per KORUS FTA and GATS.