Author(s)

Kiyoung Kim

Department of Law, Chosun University, Gwangju, South Korea.

The paper aims to explore the contour of internet regulation with a thread of Brand X, which navigates through constitutionalism, separation of powers, as well as business and economic or political implications enshrined behind it. An exemplary insight with the Korean case was adverted that could lead to the comparative perspective of internet law and regulation for the future research. The research was conducted by employing qualitative investigation, mainly relying on textual analysis and documentary examination. The outcome of research generally corroborates with our assumption that i) the increasing administrative state will variegate the traditional interplay of three branches, ii) expert bureaucracy stands at the core of policy shaping because of the necessary new concept of market and policy specialization, iii) the role of US government is not only pioneering, but also influential as a regulator, but comparatively with differing national jurisdictions if not a negligible implications on the international competition or even conflict.

Net Neutrality, Internet, Chevron Rule, FCC, Judicial Deference, Three Branches, Public Policy, Market Regulation, Equal Access

Kim, K. (2017) The Court, FCC and Internet Policy: Partly with South Korea. Beijing Law Review, 8, 373-396. doi: 10.4236/blr.2017.83021.