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초록· 키워드
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In the Broadcasting Business License system case, the Korean Constitutional Court held that the Broadcasting Business License system comply with the article 21(2) of the Korean constitutional Law(2000 Hunba 43, May 31, 2001).
In this case, Court examined aspects of broadcasting business system that are at least ostensibly “content neutral”. that is, their operation may affect the contents of broadcasting programming-and may be intended to do just that - but they did not involve any branch of government in determining that a particular program, point of view, statement, or idea either must be or may not be broadcast by any licensee. Broadcasting Business License are directed toward increasing “diversity” in information and point of view by restricting the concentration of ownership.
This rationale for Broadcasting Business License system is based on that Freedom of Speech means rights which people can express their own opinion freely, that is, 'someone who wants to present' can choose and use the way of media unrestrictedly. But electronic mass communication that serves as a subsystem performing circulation and provision of information required to the community life is differ from whether user can freely choose and use media. There is a very important constitutional issue at between electronic mass communication but, studies for that are stagnated at the view of personal freedom of express based on before creating the electronic mass communication environment.
A view which distinguishes hard between the presentational media, the representational media and the mechanical media which is based on electric wave resources. It would, However, be a mistake to assume that the mechanical media would be the other traditional medium. This attitude applied without discrimination to all of the media of communication should be concerned with such requirements that could not be applied to the non-electronic mass media, such as newspapers and magazines. In this case, Court's rationale make me have a critical mind because they are just limited at the old (past) way of recognizing media as unrestricted. So, my thesis starts these two critical minds and to resolve these issues, there are two purpose of my study at the follow paragraph.
First, with the point that can distinguish between traditional communication media and electronic wave-media and with respect to character of use or function of electric wave resources, I try to explain what is the meaning of the right of broadcasting with the point of the constitutional value and each structural feature of electronic wave mass communication. In other words, I want to confirm constitutional concept of the right of broadcasting with the clear issue for whether the right of broadcasting means “quantitative” expend of expression, or with respect to mass communication using electric wave-resource, it should be explained with nature of electric-wave resource, I will study legal essence of nature of electric-wave and rights of using electric-wave and with these point of view, I try to suppose constitutional meaning about the right of broadcasting.
With this purpose in mind, I analyzed the constitutional meaning of the right of choosing media, based on the critical assessment of the problem of interpretation by syllogism on Article 21 Paragraph 1 and 3 of Korean Constitutional Law in Chapter 2. In chapter 3, I tried to explain the meaning of broadcasting with the way of approaching the origin of the word and the function of broadcasting in mass society. In the process, theories and cases of Korea, Germany, and the U.S. were studied to understand the constitutional essence of broadcasting and technological assessment regarding the nature and concept of electric-wave resource. I confirm that the essence of broadcasting or the right of broadcasting as fundamental rights can explain the legal essence of a license system for broadcasting with this theoretical base.
In chapter 4, I try to analysis and also try to provide alternative plans specific and practical solutions based on the constitutional law about how to be tested the Broadcasting Business Licensing system.
In this case, Court examined aspects of broadcasting business system that are at least ostensibly “content neutral”. that is, their operation may affect the contents of broadcasting programming-and may be intended to do just that - but they did not involve any branch of government in determining that a particular program, point of view, statement, or idea either must be or may not be broadcast by any licensee. Broadcasting Business License are directed toward increasing “diversity” in information and point of view by restricting the concentration of ownership.
This rationale for Broadcasting Business License system is based on that Freedom of Speech means rights which people can express their own opinion freely, that is, 'someone who wants to present' can choose and use the way of media unrestrictedly. But electronic mass communication that serves as a subsystem performing circulation and provision of information required to the community life is differ from whether user can freely choose and use media. There is a very important constitutional issue at between electronic mass communication but, studies for that are stagnated at the view of personal freedom of express based on before creating the electronic mass communication environment.
A view which distinguishes hard between the presentational media, the representational media and the mechanical media which is based on electric wave resources. It would, However, be a mistake to assume that the mechanical media would be the other traditional medium. This attitude applied without discrimination to all of the media of communication should be concerned with such requirements that could not be applied to the non-electronic mass media, such as newspapers and magazines. In this case, Court's rationale make me have a critical mind because they are just limited at the old (past) way of recognizing media as unrestricted. So, my thesis starts these two critical minds and to resolve these issues, there are two purpose of my study at the follow paragraph.
First, with the point that can distinguish between traditional communication media and electronic wave-media and with respect to character of use or function of electric wave resources, I try to explain what is the meaning of the right of broadcasting with the point of the constitutional value and each structural feature of electronic wave mass communication. In other words, I want to confirm constitutional concept of the right of broadcasting with the clear issue for whether the right of broadcasting means “quantitative” expend of expression, or with respect to mass communication using electric wave-resource, it should be explained with nature of electric-wave resource, I will study legal essence of nature of electric-wave and rights of using electric-wave and with these point of view, I try to suppose constitutional meaning about the right of broadcasting.
With this purpose in mind, I analyzed the constitutional meaning of the right of choosing media, based on the critical assessment of the problem of interpretation by syllogism on Article 21 Paragraph 1 and 3 of Korean Constitutional Law in Chapter 2. In chapter 3, I tried to explain the meaning of broadcasting with the way of approaching the origin of the word and the function of broadcasting in mass society. In the process, theories and cases of Korea, Germany, and the U.S. were studied to understand the constitutional essence of broadcasting and technological assessment regarding the nature and concept of electric-wave resource. I confirm that the essence of broadcasting or the right of broadcasting as fundamental rights can explain the legal essence of a license system for broadcasting with this theoretical base.
In chapter 4, I try to analysis and also try to provide alternative plans specific and practical solutions based on the constitutional law about how to be tested the Broadcasting Business Licensing system.
목차
Ⅰ. 들어가는 말
Ⅱ. 방송사업허가제는 매체시장의 독점방지를 위한 것인가?
Ⅲ. ‘방송을 할 수 있는 권리’ 및 방송사업허가제의 의의
Ⅳ. 결론
참고문헌
〈Abstract〉
참고문헌 (27)
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