상호접속협정·표준협정서 공개의 법적 문제

Abstract

Under the viewpoint of the rational observance of “Reference Interconnection Offer" (hereinafter "RIO") or "Interconnection Agreement" (hereinafter "IA") opening as a public duty, it is necessary to review current domestic legal system and to improve institutional problems for the fair competition in the telecommunications sector. In this paper, the following issues are covered: (a) Any telecommunications services rendered by any telecommunications carrier's RIO or IA is subject to disclosure? (b) In which method must RIO or IA be opened, all or selectively? (c) What about the level of disclosure of RIO or IA should?The main results of this study can be summarized as follows: (a) KT's local telephone service and SKT's mobile phone service are an object of the public; (b) To be in compliance with international treaty obligations, it is possible for the RIO or IA to be open selectively. To be in compliance with Korea-US FTA obligations, however, disclosure of the RIO is necessary. Therefore, the disclosure of KT's local telephone service and SKT's mobile phone service is a desirable option. For Internet Access Service, in principle, internet interconnection provider is not required to disclose his RIO or IA, because there is no major supplier in Korean internet sector. For the prevention of unfair trade practices, however, it is possible for the RIO to be open; (c) In spite of the absence of guidelines on the content and level of RIO disclosure in any international agreement, the IA disclosure by the major supplier's website is advised. The contents and level of the RIO may be advised to be determine in light of customary practices, but trade secrets will be open after an appropriate procedure.