방송위원회의 법적 성질에 관한 해석론

Abstract

Nowadays the convergence of broadcasting and communication makes progress in technical and industrial section, but not in the legislation is it fully reflected. So information society which we are living now asks for legislative revision to code with newly-coming informational surroundings which are concreted by boundary mixing services. This paper studied out the legal nature of Korean Broadcasting Commission(KBC) in the light that the institution of regulatory agency correspondent to digital convergence is based upon profound knowledge about the legislative system for broadcasting policy in existence. From this point of view we found that KBC is one of independent regulatory agency as a state organ founded upon the statute, Korean Broadcasting Act in the structural aspect. Besides in the functional aspect, the legal fact that KBC retains administrative, quasi-legislative, and quasi-judicial authority is established. As much as it can, KBC must make the independence certain by diversity and specialty in its adminstration to reinforce broadcasting's fairness. One of that foothold will be this study, and both together should be the warp and woof of broadcasting environment in digital age. That is why we made a legal discussion of the KBC's nature, in the long run.