방송ㆍ통신에 대한 내용규제와 규제기관의 법적 지위 : 심의와 방송통신심위위원회를 중심으로

Abstract

In information society, human life has been adjacent to broadcasting and communication. The convergence of broadcasting and communication has called for a need reviewing a traditional theory on the freedom of broadcasting and communication. There are two main sides in legally reviewing the freedom of broadcasting and communication. One is the people's point of view, focusing on how to guarantee people's fundamental human rights to the freedom of broadcasting and communication. The other is the state's point of view, focusing on how to regulate people's rights to freedom of broadcasting and communication. This paper has mainly studied the legal nature of 'the freedom of broadcasting and communication' and 'the regulatory body' among topics regarding the two main sides above. Actually, there are already enough preceding studies on the nature of the freedom of broadcasting and communication. However, this study intends to review the freedom, which can be seen as an object of content regulation, considering traditional theories and reality. Content regulation means scrutinizing contents of broadcasting and communication. So it can not coexist with the protection of the confidentiality of correspondence. Like this, a possibility of content regulation is formed depending on the character of broadcasting and communication. Content regulation should keep its limit on the freedom of broadcasting and communication. By analyzing the nature of the deliberation and the regulatory body, we could make a legal conclusion whether the content regulation stays in its boundary or not. After doing a research on 'the character of the freedom of broadcasting and communication as an object of content regulation' and 'the nature of the deliberation and the regulatory body', this paper contains a statutory analysis on 'Korea Communication Standards Commission'.