방송통신재난에 대한 대응체계와 개선방향 -「방송통신발전 기본법」 제35조를 중심으로 하여-

Abstract

Today, as the importance of broadcasting communications in the whole society is increasing, disasters in broadcasting communications are also marked as fatal disasters. Accordingly, there is a need to establish response systems that can respond quickly and systematically to disasters in broadcasting communications. To this end, our legal system enacts and enforces the 「Framework Act on Broadcasting Communications Development」. Focusing on that, our legal system establishes response systems for disasters in broadcasting communications. However, there are some problems with the current response systems for disasters in broadcasting communications. There is a need to appropriately improve this. With this awareness of the problem, this article looks at what kind of response systems the current legal system is establishing for disasters in broadcasting communications, what problems are there, and how it is desirable to improve the response systems to solve the problems. In particular, it focuses on the 「Framework Act on Broadcasting Communications Development」. First of all, this article handles the topic of what kind of response systems the 「Framework Act on Broadcasting Communications Development」 has in response to disasters in broadcasting communications (II). At this time, discussions will be conducted centering on the major broadcasting communications service provider prescribed in Article 35 of the 「Framework Act on Broadcasting Communications Development」. Next, we look at what problems there are in the response systems of the 「Framework Act on Broadcasting Communications Development」 (III). Here, the question of whether the scope of the major broadcasting communications service provider can be expanded through legal interpretation is examined. However, this article argues that this cannot be allowed under the rule of law. Finally, this article discusses how it is desirable to improve the current 「Framework Act on Broadcasting Communications Development」 (IV). This article proposes extending the conceptual extension of the major broadcasting communications service provider using the committee method as an improvement direction for the response systems for disasters in broadcasting communications. It is argued that this proposal satisfies both the request of the rule of law and the request of the reality of broadcasting communications.