방송ㆍ통신에 대한 내용규제와 규제기관의 법적 지위

• 영문명: The Content Regulation on 'Broadcasting and Communication' and the Legal Nature of 'the Regulatory Body' : Korea Communication Standard Commission
• 발행기관: 원광대학교 법학연구소
• 저자명: 정연부(Joung, Youn– Boo)
• 간행물 정보: 『원광법학』제28권 제1호, 297~325쪽, 전체 28쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2012.03.30

영문 초록

In information society, human life has been adjacent to broadcasting and communication. The convergence of broadcasting and communication has called for a need reviewing a traditional theory on the freedom of broadcasting and communication. There are two main sides in legally reviewing the freedom of broadcasting and communication. One is the people's point of view, focusing on how to guarantee people's fundamental human rights to the freedom of broadcasting and communication. The other is the state's point of view, focusing on how to regulate people's rights to freedom of broadcasting and communication. This paper has mainly studied the legal nature of 'the freedom of broadcasting and communication' and 'the regulatory body' among topics regarding the two main sides above. Actually, there are already enough preceding studies on the nature of the freedom of broadcasting and communication. However, this study intends to review the freedom, which can be seen as an object of content regulation, considering traditional theories and reality. Content regulation means scrutinizing contents of broadcasting and communication. So it can not coexist with the protection of the confidentiality of correspondence. Like this, a possibility of content regulation is formed depending on the character of broadcasting and communication. Content regulation should keep its limit on the freedom of broadcasting and communication. By analyzing the nature of the deliberation and the regulatory body, we could make a legal conclusion whether the content regulation stays in its boundary or not. After doing a research on 'the character of the freedom of broadcasting and communication as an object of content regulation' and 'the nature of the deliberation and the regulatory body', this paper contains a statutory analysis on 'Korea Communication Standards Commission'.

목차

Ⅰ. 서 론

Ⅱ. 내용규제 대상으로서 방송ㆍ통신의 자유의 성격

Ⅲ. 방송ㆍ통신 심의와 심의기관의 법적 지위

Ⅳ. 실정법상 방송통신심의위원회의 법적 지위

Ⅴ. 결 론

참고문헌

Abstract

키워드

방송의 자유 통신의 자유 방송과 통신의 융합 내용규제 방송통신심의위원회 Freedom of Broadcasting Freedom of Communication Confidentiality of Correspondence Content Regulation Korea Communication Standards Commission