한국 언론법제의 역사와 전망

Abstract

Freedom of the press is an idea that serves as the foundation for the operation of the modern constitutional system based on representative democracy. In particular, Internet media has contributed to the development of democracy by enabling various forms of communication. In Korean society, the press has greatly contributed to the enhancement of the value of democracy and its development, but it has been criticized for partisan reporting, commercial and sensational agenda selection, and excessive competition for viewership. When the function of the press does not work, democracy is threatened. Therefore, along with guaranteeing freedom of the press, supplementary measures must be prepared to prevent violations of freedom and rights by the press and maintain a democratic community. The legislator has a duty to form legislation considering the importance of freedom of the press. The history of media law is a process of seeking harmony between the guarantee of the fundamental right to freedom of the press and the public responsibility of the press. Media law regulates the tension and balance between freedom of the press and legal regulation. Since the 1990s, the Constitutional Court has made meaningful decisions that have contributed to the expansion of freedom of expression by clarifying the principle of prohibition of prior censorship. Understanding the historical development of media law can help us understand the actual development process of the fundamental right to freedom of the press. It also helps us to clarify the extent to which the role of the legislator should be set in order for the press to recover its original function. This study aims to study the evolution of basic press rights in constitutional history and major press laws since democratization, especially the Newspaper Act, Broadcasting Act, and Press Arbitration Act. In addition, we will examine the main contents of laws by period and the influence of Constitutional Court decisions on the revision of press laws.