방송심의체계의 권한과 책임의 재조정 - 실효성 및 권리구제절차 개선을 중심으로 -

Abstract

The current broadcasting review system in South Korea is based on a dual structure involving both the Korea Communications Standards Commission (KCSC) and the Korea Communications Commission (KCC). The KCSC holds the substantive authority to determine whether broadcast content violates review regulations, while the KCC exercises the formal authority to order disciplinary measures based on the KCSC's findings. While this dual structure was designed to ensure fairness and independence, it has revealed several limitations, including an imbalance of authority and responsibility, administrative inefficiency, and a decline in the effectiveness of disciplinary measures. The effectiveness of disciplinary measures is diminished by the procedural inefficiency between the KCSC's request and the KCC's decision. Although the KCSC has the substantive authority to make judgments, the disciplinary power is limited to the KCC, and the separation of authority and responsibility weakens the actual coercive force of disciplinary measures. Moreover, legal disputes over the dispositive nature of disciplinary measures make it difficult to protect the rights of broadcasters and performers, and lead to legal uncertainty in administrative litigation. The reexamination procedure also has a structural problem in that broadcasters cannot directly file a petition against the KCSC's decision, which undermines the effectiveness of rights redress. To address these issues, this paper proposes to strengthen the administrative status of the KCSC in broadcasting reviews to establish an efficient cooperative system through the adjustment of authority between the KCSC and the KCC. Additionally, it is proposed to clearly define the role of the KCSC in the reexamination procedure.