이동전화 01X 이용자에 대한 번호이동금지정책의 위헌성 (Unconstitutionality of the Policy Against Mobile Number Portability on 01X G2 Mobile Telephone Users)

서지정보

· 발행기관 : 중앙법학회
· 수록지 정보 : 중앙법학 / 15권 / 4호 / 47 ~ 87페이지
· 저자명 : 이인호

초록

The 010 Mobile Number Consolidation Policy adopted by the Ministry of Information and Communication in 2002 was an unreasonable one that incurred considerable social and economic costs and inconveniences to the then tens of millions of 01X 2G mobile telephone users. The normative meaning of the policy was that the 01X 2G mobile users could not keep their mobile telephone numbers when switching between service providers or moving from 2G service to 3G service. In other words, it means that the consumers of 2G mobile services could not be given the right to mobile number portability.
More than ten million mobile users of 01X 2G service had already moved to 3G service through the policy against mobile number portability, having to give up their mobile telephone numbers and enduring many social and economic costs. However, about eight million mobile users of 01X 2G service had not yet moved to 3G service, keeping his 01X mobile numbers in those days of filing the constitutional complaint in February 10, 2011. By virtue of the temporary measures of allowable MNP in 2010, millions of 01X 2G mobile users could move to 3G service keeping his 01X numbers for three years, under the promise of giving up their 01X numbers after 2014. For this reason, they will have to give up their 01X numbers from January 1, 2014. They are supposed to be banned dispatch of a message and phone call if they will not give up them. Meanwhile, about 2.3 million of 01X 2G users still remain.
Therefore, an aftermath of the 010 Mobile Number Consolidation Policy is expected to remain considerably, despite the decision of constitutionality on the 010 Mobile Number Consolidation Policy by the Constitutional Court. The decision of constitutionality by the Court leaves much to be desired. The Court did not take account of the right to mobile number portability which had been conferred to the 01X 2G mobile telephone users through a congressional statute in 2001. The 010 Mobile Number Consolidation Policy was against the law.

영어초록

The 010 Mobile Number Consolidation Policy adopted by the Ministry of Information and Communication in 2002 was an unreasonable one that incurred considerable social and economic costs and inconveniences to the then tens of millions of 01X 2G mobile telephone users. The normative meaning of the policy was that the 01X 2G mobile users could not keep their mobile telephone numbers when switching between service providers or moving from 2G service to 3G service. In other words, it means that the consumers of 2G mobile services could not be given the right to mobile number portability.
More than ten million mobile users of 01X 2G service had already moved to 3G service through the policy against mobile number portability, having to give up their mobile telephone numbers and enduring many social and economic costs. However, about eight million mobile users of 01X 2G service had not yet moved to 3G service, keeping his 01X mobile numbers in those days of filing the constitutional complaint in February 10, 2011. By virtue of the temporary measures of allowable MNP in 2010, millions of 01X 2G mobile users could move to 3G service keeping his 01X numbers for three years, under the promise of giving up their 01X numbers after 2014. For this reason, they will have to give up their 01X numbers from January 1, 2014. They are supposed to be banned dispatch of a message and phone call if they will not give up them. Meanwhile, about 2.3 million of 01X 2G users still remain.
Therefore, an aftermath of the 010 Mobile Number Consolidation Policy is expected to remain considerably, despite the decision of constitutionality on the 010 Mobile Number Consolidation Policy by the Constitutional Court. The decision of constitutionality by the Court leaves much to be desired. The Court did not take account of the right to mobile number portability which had been conferred to the 01X 2G mobile telephone users through a congressional statute in 2001. The 010 Mobile Number Consolidation Policy was against the law.

참고자료

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