방송통신심의의 성질에 관한 법적 연구

Abstract

This study explores key characteristics of deliberation on broadcasting and communications in converged media era legally based upon 「Act on Establishment and Operation of KCC(Korea Communications Commission)] and 「Internet Multimedia Broadcasting Industry Act」 at the aim of putting IPTV(Internet Protocol Television) business in force. Under such environment as information and legislation, deliberation on broadcasting and communications could be structured as regime of non-censorship. From the viewpoint of administrative operation law, KCSC(Korea Communications Standards Commission) accomplishes that deliberation belonging to administrative confirmation. And from the viewpoint of administrative organization law, KCSC is public body without legal personality as administrative entity as well as a public agency. Therefore that deliberation as quasi-judicial judgment must stand neutral to carry legal binding force on sanction KCC's management. Consequently, this article reaches the conclusion that KCSC's deliberation on broadcasting and communications is administrative disposition accomplished with contents regulatory restriction, which leads to a collegiate system for fair decision in accordance composed by legislative operation and organization.