스크린쿼터제 규제법리에 관한 연구

Abstract

By GATT(General Agreement on Tariff and Trade, Article IV) Screen quotas may requirge the exhibition of cinematograph films of national origin during a specified minimum proportion of total screen time actually utilized, over a specified period of not less than one year, in the commercial exhibition of all films of whatever origin. The purpose of Screen quota is to give domestic films proper screening opportunities in the film markets. Screen quota can be justified if Hollywood films have a dominating distribution power in the Korean movie markets. In March, 2006, the so-called screen quota(the required days of screening for Korean films) was reduced by half to over 73 days(1/5 of a year). The Effectiveness of Screen-Quota differ according to interest groups. Some studies had asserted that screen-quota policy made it possible for the Korean Film Industry to prosper, preserve the originality of Korean Culture, and to conserve Cultural Diversity. But Most studies on the effectiveness of Screen-Quota policy show that it did not work well as asserted. In addition, the current Korean movie industry is dominated by vertically integrated companies those involved in the production of more than half of domestic films. that is to say, the structural changes of the Korean Films industry have occurred. Theater managers had requested the Constitutional Court to rule on the constitutionality of the clause of Screen Quota. In 1996, The Constitutional Court ruled that Screen Quota is constitutional. Even though Screen Quota restrict somewhat the freedom of job, Screen Quota os constitutional in terms of the legitimacy of objective, relevance of means. Recently The production environment of Korean Movies are rapidly globalized. Especially, it is wandered what are Korean Movies. Are Korean Films if they were producted in Korea, Korean Film Actors played, Korean Capital invested? In these days Culture production including Films was multi-nationalized. So Screen Quota Policy and legal judgement need to be reexamined in terms of multi-nationalty of film production, competitiveness of Korean Movie and structural changes in Movie Industries.