인문학
사회과학
자연과학
공학
의약학
농수해양학
예술체육학
복합학
DBpia AI
AI 에이전트
AI 아이디어
AI 리더
AI 뷰어
Citeasy
크롬 서지관리 다운로드
지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록·키워드
Common theories of Article 119 of the Constitution of Republic of Korea give credence to the position that our country’s economic system is regarded as based on a ‘social market-economy system’. The Constitutional Court has the same opinions on it. Although Article 119 stipulates business freedom, because it is not regulations that ensure business freedom as basic rights, insofar as the nature of the Article is understood as a regulation on its general national goal, in a world of statutory law, it is valid to derive business freedom from job freedom. However, though business freedom is based on the job freedom of Article 15 of the Constitution, the business freedom that possesses an independent meaning and function should not be uniformly understood, but it should be defined differently by types.
In this light, when it is considered that journalism companies depend on printing or radio-wave media to express and communicate their opinions and thus that they are likely to exercise their enormous influence to control public opinion, it is necessary to take a look at them from a different view of point from that of other private companies. That is, because ‘public duties’ imposed on journalism companies are of utmost importance for realizing democracy based on public opinion and attaining an assimilative integration of social communities, ‘a system of free journalism’ is derived from the basic rights to the freedom of speech and of press. Accordingly, the journalistic companies are ensured all protections, necessary for their establishment, management and activities, from getting information to distributing news.
However, this role cannot be played by an organized national power. Consequently, journalism companies should be freely formed in an area of society, as a private subject pursuant to the principle of free economy. It is from this point that they should be treated differently from other private companies, which characterizes them as companies that pertain to the public area.
In the end, it is problem that with our excessive emphasis on just a point of view of private businesses which are the subject of a free-market economic system, the regulations of ‘Fair Trade Act’ alone are sufficient to prevent journalistic companies from entering the market. It is judged that deriving the national duties from such laws as special regulations of Article 21 of the Construction, say, newspaper-related laws, in order to prevent the journalism companies from monopoly and ensure the diversity of newspapers, in consideration of their independent meaning and public function is necessary to have a good understanding of the position of the journalism companies as private businesses on the basis of the Constitution.
In this light, when it is considered that journalism companies depend on printing or radio-wave media to express and communicate their opinions and thus that they are likely to exercise their enormous influence to control public opinion, it is necessary to take a look at them from a different view of point from that of other private companies. That is, because ‘public duties’ imposed on journalism companies are of utmost importance for realizing democracy based on public opinion and attaining an assimilative integration of social communities, ‘a system of free journalism’ is derived from the basic rights to the freedom of speech and of press. Accordingly, the journalistic companies are ensured all protections, necessary for their establishment, management and activities, from getting information to distributing news.
However, this role cannot be played by an organized national power. Consequently, journalism companies should be freely formed in an area of society, as a private subject pursuant to the principle of free economy. It is from this point that they should be treated differently from other private companies, which characterizes them as companies that pertain to the public area.
In the end, it is problem that with our excessive emphasis on just a point of view of private businesses which are the subject of a free-market economic system, the regulations of ‘Fair Trade Act’ alone are sufficient to prevent journalistic companies from entering the market. It is judged that deriving the national duties from such laws as special regulations of Article 21 of the Construction, say, newspaper-related laws, in order to prevent the journalism companies from monopoly and ensure the diversity of newspapers, in consideration of their independent meaning and public function is necessary to have a good understanding of the position of the journalism companies as private businesses on the basis of the Constitution.
본문·목차
인공지능 문자 인식 모델을 통해 추출된 텍스트로, 일부 오타나 오류가 포함될 수 있으나 지속적으로 개선 중입니다.
오류를 발견하셨다면 해당 부분을 드래그한 후 ' 를 통해 신고해주세요.
오류를 발견하셨다면 해당 부분을 드래그한 후 ' 를 통해 신고해주세요.
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UCI(KEPA) : I410-ECN-0101-2013-360-001765535
