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| TITLE | Supreme Court Decision 2020Du50348 Decided December 21, 2023 【Lawsuit Seeking Revocation of the Disposition of Correction Order, Etc.】 [full Text] |
|---|---|
| Summary | |
| 【Main Issue and Holding】 In a case where in relation to the fact that as Stock Company A, which is a contents provider providing global users with social network services, was in a difficult situation where it should pay more to domestic telecommunication companies due to the amendment of the “standards for interconnection of telecommunications equipment and facilities” and, according thereto, changed some access paths from domestic Internet service providers to foreign Internet service providers, Facebook users’ access in Korea was delayed or the videos were not played properly, Korea Communications Commission issued a corrective order to Stock Company A on the grounds that any change in the above access paths corresponds to “an act of restricting the use of telecommunications services without good cause,” and Stock Company A violated the former laws or regulations related to the telecommunications business prohibiting the provision of telecommunications services in a manner which substantially undermines telecommunications users’ interests, the case holding that Stock Company A’s act of changing access paths does not correspond to “restriction of use” as referred to in Subparag. 5 Item (b) 5) of attached Table 4 of Article 42(1) of the former Enforcement Decree of the Telecommunications Business Act | |
