통합방송법의 법리와 문제점 = Doctrines and problems of the unified broadcasting law

다국어 초록 (Multilingual Abstract)

  With the recognition of the comparative scarcity of the studies with the legal specialty, Broadcasting·communication-merging legislation will be examined within the scope of integrated broadcasting act in this paper.<BR>  Firstly, The concept of the broadcasting needs to be aggrandized into "Any feature of presentation, signal, letter, image, sound, massage and so forth which is not private communication" so as to let the restriction and entry-barrier relieved. The "broadcasting" should not be conceived as a sole sort of service which has to be under the "public responsibility". So the expression needs to be changed into "social responsibility". By Broadcasting Act, the perception of broadcasting is understood as not a "general service" but a "public service". So the derivable principles for the service including the three major ones are required to be improved. Since not all the "public service" is "general service", those two conceptions are needed to be distinguished. With the distinction between the two types of broadcasting service which are "public service of public interest" and "commercial service", it is to be a basic idea that the Broadcasting·communication-merging Act is not a special law over Fair Trade Act. And, It is supposed to be classified according to the type of the service into "general service", "public service of general interest" and "commercial service". Thus, the struggles on regulations and controls about monopolization and unfairly rivalry or trade should be under the jurisdiction of administrative litigation. According to the article 9 of Broadcasting Act, a preliminary permission rather a report is required to be issued so as to join the broadcasting industry. However, the parts which can be modified into the return system have to be so. For "the political neutrality in members consisting" of the article 21 and "fuctional independence of the commissioners" of the article 26 of Broadcasting Act, the Broadcasting Commission is classified as an Autorit？ Administrative Ind？pendante. With the legal status and the functional independence considered, all the members of the commission are to be in permanent standing and they should not be reappointed to the offices. The term of the office is supposed to be 6 years and a third of the commission is to be reelected every 2 years. As to the budget, it is supposed to be submitted to the government by the prime commissioner. And the government, adopting it as it is, is to submit it to the National Assembly with the opinion of the Minister of Planning and Budget attached. Then, the reduction or increasement should be under the National Assembly. Korean Broadcasting Public Corporation is a juridical corporation, for which the government made the whole investment. By the Broadcasting Act, it is declared to be an ？tablissement public administratif, and a general service institute for the purpose of the public interest. The legal status of the corporation is an ？tablissement public which is fuctionally decentralized from the Broadcasting Commission. Besides the name of "corporation" is not proper because it is not commercial or industrial. As the receiving fee of the broadcasting service is technically a kind of tax, is should be collected by, taken into the account of it and also used by the Commission for the purpose of the article 38 of the Broadcasting Act.

목차 (Table of Contents)

• 처음에
  1. 방송의 개념
  2. 방송의 사회적 책임 및 공정성과 공익성
  3. 공정거래법과의 관계
  4. 방송사업자에 대한 일반적 허가제의 문제
  5. 방송위원회
  6. 한국 방송공사
  맺는말
  Abstract