EU와 대표회원국의 방송통신융합법제와 방송통신발전에 관한 기본법안의 분석

Abstract

This paper explore the EU and this member nations’ on the Convergence of Broadcasting and Telecommunications and Korean Law on the Development of Broadcasting and Telecommunications. The Convergence of Broadcasting and Telecommunications has become a worldwide legal and policy issue. EU has established already the legal system from Framework Directive of 2002 and then is coming the other Directives in this area, for example Authorization Directive 2002, Access and interconnection Directive 2002, Universal Service Directive 2002, Competition Directive 2002/77/EC and Audiovisual Media Services Directive 2007. Under the legal framework the european member nation had to enact or reform the law on the convergence of broadcasting and telecommunications. Germany and France have established ‘the law for the Telemedia 2007’ and ‘the law on the Electronic Communications 2004’. In a way that the regulating institution of broadcasting and telecommunication is dualistic and that media publicity is accentuated, the system is similar to that of Germany. The Korean media & telecommunication law are preparing for the Law on the Convergence of Broadcasting and Telecommunications. As the fundamental law in this area the Act on the Development of Broadcasting and Telecommunications was proposing, but the issue of digital convergence involving this Act became the critical issues. The convergence of Broadcasting and Telecommunications along with technology development has been followed by regulation that comes from legal system and should be regarded as critical consideration factor for designing new regulatory bodies. However this paper suggested adoption of minimum regulation approach based on each need including content regulation and interest of the public.