주파수이용권의 성질과 효율적 전파관리제도

Abstract

This article focuses on re-construction of civil use relations to the spectrum, by utilizing the conception of 'public property'―the translation of german 'öffentliche Sache' or french 'domaine public'―in perspectives of the administrative law. The spectrum-using-right originally belongs to the State as a public property. The Spectrum allocation is the license, permitting private uses of the spectrum-using-right. The licensee's legal status differs according to whether or not he paid a heavy sum of money for the spectrum-allocation-levy. The exclusivity of the private spectrum-using-right, stipulated in the §14 of the Spectrum Management Act, takes effect only when the spectrum-allocation-levy is imposed. This conclusion cannot be explained by traditional property right theory. It would be justified only by understanding the licensee's property right as ‘regulated interests', which is based on the doctrine of estoppel. This article analyzes korean spectrum management systems, as above mentioned, by defining the spectrum allocation as the license that permits private uses of public properties and the licensee's property right as regulated interests that have origins in the doctrine of estoppel. This is a brief outline of the analysis, and more details will be added on the next study.