현행 우리나라 영화사전심의제도의 법적 고찰－ 현행 등급분류제의 문제점 및 그 개선방안을 포함하여 －

Abstract

This paper deals with the legal analysis of the current korean film pre-review system(that is, the film-rating system), performed by the civil organization, KMRB(Korea Media Rating Board). This system is operated mainly based on 「PROMOTION OF THE MOTION PICTURES AND VIDEO PRODUCTS ACT」, 「ENFORCEMENT DECREE OF THE PROMOTION OF THE MOTION PICTURES AND VIDEO PRODUCTS ACT」, 「MEDIA RATING CRITERIA (published by KMRB)」. The current korean film pre-review system is not a pre-permission system(censorship) but a rating system, composed of 5 rates (that is, ① all the ages allowed, ② above 12 years, ③ above 15 years, ④ above 18 years or high school students, ⑤ screened limitedly). Looking into the korean rating system in detail, we come to know 「PROMOTION OF THE MOTION PICTURES AND VIDEO PRODUCTS ACT」§29 ② is a very incomplete provision, containing not only the unclearness of each rate’s definition (except the ‘screened limitedly’ rate) but also a “editorial failure” concerning the definition of the ‘screened limitedly’ rate. And it is desirable that we must distinguish between political problems and obscenity or violence for the better juvenile protection, purposed by the film pre-review system. Therefore, as far as the pure entertainment movies are concerned, the special rating system is needed, where to these movies the stricter criteria will be applied than to the other kinds of movies. We must reflect these points in the coming revisions of the relevant statues.