스마트도시 서비스와 「전기통신사업법」상 자가망 활용 제도의 합리적 해석

The purpose of this study is to examine the scope and limit of municipal telecommunications networks when providing smart city services to its residents. Many local governments tried to strengthen their city competitiveness and improving the welfare of residents by promoting smart city planning. To promote a smart city, it is necessary to link and integrate the local government's private telecommunications network as specific hardware for the collection, processing, and analyzing various city information, suggested in the Smart City Act. However, the scope of municipal network practice is strictly regulated in the Telecommunication Business Act. In this study, the definition of private telecommunications network was reviewed, and the permitted scopes for the use of municipal network when using other intentions, contrary to the original installation purposes, specified in the Telecommunications Business Act were examined. Through a comparative analysis of the regulations related to private networks of the Smart City Act and the Telecommunications Business Act, a reasonable interpretation of the allowable range and limit of the use of the municipal private network was proposed.