방송프로그램 재전송권의 범위와 한계에 관한 법적 문제점 - 공영방송을 중심으로 -

Abstract

The one of the mission of the public broadcaster, retransferring of programsvia cable network is recognized the legitimacy in the aspect to perform theobligation of program transmission(so we called it must carry system). But the must-carry system is losing its meaning in digital environmentwhich has the coverage of whole area of nation. Therefore the must-carry system needs to be reformed according to thechanged environment. To determine the extent of program which is subjectto must-carry system we must consider both the fundamental constitutionalrights of broadcasting operators and cable network operators. In particular, to decide the extent of must carry programs we must considerthe financial vulnerability of public broadcasters, especially its existence andimprovement of public broadcasters. For the sufficient financial security of public broadcasters, the broadcastingfee should be considered for expansion of must-carry. Without sufficientsupport of broadcasting fees the public broadcaster can not carry out thepublic mission of its own. In the aspect of cable broadcasters the must-carry system is one of theburden which is legally obliged to carry out the earning the benefits of its own. Especially the Use of the channels which is obligated to transfer themust carry programs of terrestrial broadcasters can cause the violation tothe constitutional rights, the guarantee of property. Through rent of channelsis reduction of the scope of the channel or a decrease in revenue and programproduction, organization and transmission to their own. So it is needed thepractical harmony of the two. In addition to the must-carry, it remains the legal problems such ascopyright, the protection so privacy and the guarantee of property.