방송산업에서의 불공정거래행위 규제에 관한 헌법적고찰 = Legal Regulations on the Unfair Trade Practices in Broadcasting Industries with Emphasis on the Korean Constitution

다국어 초록 (Multilingual Abstract)

  The Korean Constitution enables the Korean Government to regulate and arbitrate and economy to eliminate monopoly and other phenomena that interfere with the market principles of capitalism. Based on the Korean Constitution, the Korean Government enacted "Exclusive Business Regulation and Fair Trade Act (hereinafter referred to as the Fair Trade Act). The Fair Trade Act is applied to all industries, except for certain special industries such as telecommunication and finance. Regulations by the Fair Trade Act are basically practiced by the Fair Trade Commission, but the Ministry of Information and Communication and the Korea Communications Commission regulate the telecommunication industry, a special industry, based on the Electronic Communication Business Act. However, broadcasting industry, which is socio-culturally more special and exclusive then telecommunication industry, has not been recognized for its exclusiveness and its unfair trade practices are regulated by the Fair Trade Commission just as all other general industries. This interferes with the Korea Broadcasting Commission, which has the authority to establish policies and regulations for the broadcasting industry, and its establishment of reasonable broadcasting policies for the use of broadcasting means as important economic measures. Broadcasting traditionally formed an exclusive market structure because of its social impact, limited frequencies, and consumption of enormous capitals for the construction and management of equipment and has developed a unique regulation system.<BR>  The rapid development of broadcasting technology has overcome limited frequencies and its social impact has dispersed in the diversification of social views. In this respect, some insist that the traditional theory of broadcasting"s exclusiveness must change. Nevertheless, broadcasting"s social impact and public responsibility in the creation of public opinions, culture, and establishment of social identity are still very significant in socio-cultural aspects. Today"s multichannel cable broadcasting industry has increased the society"s reliance on broadcasting and has reinforced its social impact. In this respect, we need a better regulatory system to guarantee broadcasting"s exclusive role in society.<BR>  Thus, we need to have exclusive principles when interpreting Fair Trade Act to apply it to the broadcasting industry and reestablish the roles of the Korea Broadcasting Commission and the Fair Trade Commission to effectively regulate competition in the broadcasting industry.

목차 (Table of Contents)

• Ⅰ. 머리말
  Ⅱ. 방송시장의 특수성
  Ⅲ. 방송시장과 불공정거래규제
  Ⅳ. 규제권과 그 귀속
  Ⅴ. 결론
  ABSTRACT