통신규제당국의 조직 및 절차에 관한 연구

초록

The communications industry is one of the most important industries and is closely related to our daily lives. Its effective regulation is essential, but very difficult because it is very specialized and change every moment. In 2008, Korea Communications Commission(KCC) was established for the effective regulation of Korean communications industry, which consolidated the former Ministry of Information and Communication(MIC) and the Korean Broadcasting Commission(KBC). The KCC consists of five permanent commissioners including the chairman. Two commissioners have been appointed by the President and one of them has been inaugurated as the Chairman of the KCC. The Chairman's position is of Minister-level. The other three members have been recommended by the National Assembly, one by the President's party and the others by the opposition parties. The KCC is similar in the organization and procedures to the Federal Communications Commission of the United States(FCC), which is classified as an independent regulatory commission. However, the KCC is an agency belonging to the President unlike the FCC. The FCC does not belong to any of legislative, administrative or judicial branch and is even called 'the Fourth Branch'. The KCC adopted an organization with a collegial body for independent, fair and neutral decision making. It needs to be noted that the KCC should be practically operated to the purport of commission system. Generally, commissions have an tendency to be operated inefficiently compared with single-headed agencies. Commissions do not need to make all decisions through deliberation by members. For ordinary matters, it is more efficient for an chairman or his or her subordinates to handle. For this, the KCC has the Secretariat composed of two offices and three bureaus. The quasi-legislative power is also very important because the details about communications regulation are difficult to be prescribed in advance. The rules made by delegation of laws have the legal force for firms and courts. Any person dissatisfied with the measures taken by the KCC can file an appeal and a lawsuit. However, the special procedures for those are not prescribed in the laws. The measures taken by quasi-judicial procedures are not suited for ordinary appeals and lawsuits. The measures in communications industry should be finalized early in order to eliminate the uncertainties in business.

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