망중립성에 있어서의 이익 조정에 관한 연구

초록

The goals and results of this study are as follows. First, this study make clear that the issue of network neutrality is an issue of constitutional law through arranging problems in the issue of network neutrality in a perspective of constitutional law. Second, this study deduces the principles and standards for balancing interests of the concerned subjects in the issue of network neutrality, Internet user(including application and service provider, content provider), network provider, the government. And then this study makes these principles and standards contribute to solve the problems in the issue of network neutrality. Under the goals, this study arranged the concerned parties and concerned constitutional rights(freedom of expression, property right, freedom of business, etc.) surrounding the issue of network neutrality, and analyzed the meaning of network neutrality regulation in a viewpoint of the correlation between the freedom of expression and democracy, and in a viewpoint of the conflict of constitutional rights. Further, this study proposed the principles and standards, models of balancing interests for balancing interests of the concerned subjects in the issue of network neutrality, Internet user, network provider, the government as frameworks for solving the disputes surrounding network neutrality. Especially, this study proposed Transparency Principle, No Blocking Principle, Non-discrimination Principle, Reasonable Standard Principle, Necessity Principle as principles and standards for balancing interests of the concerned subjects in the issue of network neutrality, and proposed models of balancing interests in fixed broadband and mobile broadband separately. In case of fixed broadband, this study proposed the immediate entire application of these principles and standards, whereas in case of mobile broadband this study proposed the gradual application of these principles and standards.

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