우리나라 영화사전심의제도 변천의 법적 고찰

Abstract

This paper deals with the historical change of the statutes related to korean film pre-review system, based on the administrative control which is executed by state institution or civil organization, such as Performance Ethics Board, Korea Performing Art Promotion Commission and Korea Media Rating Board. The historical change of film pre-review system, summarized into the movement from pre-permission system (censorship) to rating system, has been influenced by the characteristics of each period, therefore the restrictions on films have been relaxed by political, social situations and the continuous demand of democratization. As a result, the establishment of the relevant acts happened 3 times (that is, Motion Pictures Act, succeeded by Promotion of the Motion Pictures Industry Act, succeeded by Promotion of the Motion Pictures and video products Act), and the revisions many times. This shows that the transition of the film pre-review system can be a standard to measure the modernization and democratization of Korea. However, by looking into the change of korean film pre-review system in detail, we come to know this change might be partially correct because of the juvenile protection. Therefore it is desirable that for the better juvenile protection purposed by film pre-review system we must distinguish between political problems and obscenity or violence. So we must reflect this point in the coming revisions of the relevant statues.