Abstract
Competition may be distorted in the market, resulting in failure to allocate resources efficiently. In this case, regulation should be designed in a way that is consistent with the public interest. Regulation is to invoke public power so that competition in the market is fair. The market for platform services based on the Internet is premised on un-territoriality. Unlike the characteristics of these platform services, legal regulations do not overcome territorial-based regional limitations. Thus, when domestic and foreign operators provide the same service to the Korean nationals, the regulation only applies to domestic companies, leading to unfair regulation on domestic companies, which may worsen competition in the domestic platform industry. This hinders fair competition, which is contrary to the nature of regulation aimed at the public interest.
In recent years, problems have arisen due to regulations that hinder fair competition between domestic and foreign platform operators in cases such as copyright fee for news contents(so-called "snippet"), map data, network fee, personal information and taxation. This study first analyzed whether the regulation is applied fairly to each of these issues. Based on these analyzes, the following suggestions were made in the direction of fair regulation among domestic and foreign operators ; i)Introduction of competition-neutral regulation, ii) Ensuring the effectiveness of regulatory enforcement, iii) Provide means to give flexibility of regulation.
In recent years, problems have arisen due to regulations that hinder fair competition between domestic and foreign platform operators in cases such as copyright fee for news contents(so-called "snippet"), map data, network fee, personal information and taxation. This study first analyzed whether the regulation is applied fairly to each of these issues. Based on these analyzes, the following suggestions were made in the direction of fair regulation among domestic and foreign operators ; i)Introduction of competition-neutral regulation, ii) Ensuring the effectiveness of regulatory enforcement, iii) Provide means to give flexibility of regulation.
| Translated title of the contribution | A Study on fair regulation among domestic and foreign platform operators |
|---|---|
| Original language | Korean |
| Pages (from-to) | 75-109 |
| Number of pages | 35 |
| Journal | 성균관법학 |
| Volume | 29 |
| Issue number | 3 |
| DOIs | |
| State | Published - 2017 |