차기 정부 KBS거버넌스에 관한 쟁점 및 바람직한 입법방안 (Key issues and prospects on the governance problem of the next government in Korean Broadcasting System (KBS))

서지정보

· 발행기관 : 성균관대학교 법학연구원
· 수록지 정보 : 성균관법학 / 24권 / 4호 / 63 ~ 93페이지
· 저자명 : 지성우

초록

The evolution and advent of expression media will continue by further development of media-relevant technology. Restriction on the freedom of expression of a new media by existing jurisprudence with a specific intent is neither desirable nor possible, and that is an experience from the past. In this sense, it will be a new task, granted to the modern constitutional study, for jurisprudential freedom of expression to promptly and accurately accommodate the technical characteristics of constantly evolving media based on the fundamental purpose of constitutional guarantee, and to maintain the consistency and flexibility of the logical configuration of norms within a reasonable range.
Converged services, which collapse the boundaries of each media in technical aspect, are also emerging with all characteristics of both existing personal communications and broadcasting as mass media in the field of the legislation of broadcasting communications. The world therefore variously attempts to apply the appropriate concepts and regulatory levels through typifying the intermediate concepts on the classic broadcasting and communications to induce free competition between the companies and media, and let users autonomously and actively select and form the information.
The structural problem and direction of improvement of the public broadcaster KBS as the most important and critical matters should be preferentially discussed to particularly converge media and introduce a system of horizontal regulation that seems like a ‘Master Key of Broadcasting Policy’ on the verge of completion of integrated legislation.
As a rule, the public broadcaster KBS is reasonably ‘responsible for public scope to form a democratic intent,’ ‘to be free from political sphere under autonomous decision-making,’ ‘by the license fee paid by the people.’Therefore, the most ideal means is to be legislated to avoid competition against private scope by establishing decision-making structure capable of keeping its distance from the politicalsphere and stabilizing finance through raising the license fee to an appropriate level.
Lee Myung-bak’sgovernment has established and operated the Korea Communications Commission (KCC) affiliated with the President, taking the FCC in the United States as a model, to oversee all policies in the field of ICT from 2008. KCC, however, has been evaluated to be unsuitable for Korea’s political and cultural environment and also to fail to ensure political neutrality as the Presidential affiliation and enhance the economics of communications scope.
The Presidential Election in December 2012 is scheduled in Korea. All three presidential candidates have pledged to reorganize policy regulatory agencies relevant to broadcasting and communications. The competent authority on ICT scope is expected to be changed to the form of government departments or commissions from next government. Therefore, full discussion on the public broadcasting and legislative measures which were the most important but taboo issues in the legislation of Korea broadcasting and communications are variously presented. The majority of current Korean scholars argue that a public broadcasting system of balanced news and a pay-TV system capable of horizontal regulation should be settled as the measures to simultaneously enhance the economic development and freedom of expression in the field of ICT (Information, Communication, Telecommunication ).
Large-scale reform of government organizations will be inevitable in the next government as both the academic and political sphere need to restructure government system in the field of ICT.
The issues on reform of government organizations are the establishment of government departments to wholly oversee ICT scope and public broadcasting to provide politically balanced news and enhance the freedom of expression. This paper will intensively debate on the issues of restructuring the public broadcaster KBS and the measures of governance reorganization which are the most critical matters under the controversies on reform of government system relevant to ICT in Korea.

영어초록

The evolution and advent of expression media will continue by further development of media-relevant technology. Restriction on the freedom of expression of a new media by existing jurisprudence with a specific intent is neither desirable nor possible, and that is an experience from the past. In this sense, it will be a new task, granted to the modern constitutional study, for jurisprudential freedom of expression to promptly and accurately accommodate the technical characteristics of constantly evolving media based on the fundamental purpose of constitutional guarantee, and to maintain the consistency and flexibility of the logical configuration of norms within a reasonable range.
Converged services, which collapse the boundaries of each media in technical aspect, are also emerging with all characteristics of both existing personal communications and broadcasting as mass media in the field of the legislation of broadcasting communications. The world therefore variously attempts to apply the appropriate concepts and regulatory levels through typifying the intermediate concepts on the classic broadcasting and communications to induce free competition between the companies and media, and let users autonomously and actively select and form the information.
The structural problem and direction of improvement of the public broadcaster KBS as the most important and critical matters should be preferentially discussed to particularly converge media and introduce a system of horizontal regulation that seems like a ‘Master Key of Broadcasting Policy’ on the verge of completion of integrated legislation.
As a rule, the public broadcaster KBS is reasonably ‘responsible for public scope to form a democratic intent,’ ‘to be free from political sphere under autonomous decision-making,’ ‘by the license fee paid by the people.’Therefore, the most ideal means is to be legislated to avoid competition against private scope by establishing decision-making structure capable of keeping its distance from the politicalsphere and stabilizing finance through raising the license fee to an appropriate level.
Lee Myung-bak’sgovernment has established and operated the Korea Communications Commission (KCC) affiliated with the President, taking the FCC in the United States as a model, to oversee all policies in the field of ICT from 2008. KCC, however, has been evaluated to be unsuitable for Korea’s political and cultural environment and also to fail to ensure political neutrality as the Presidential affiliation and enhance the economics of communications scope.
The Presidential Election in December 2012 is scheduled in Korea. All three presidential candidates have pledged to reorganize policy regulatory agencies relevant to broadcasting and communications. The competent authority on ICT scope is expected to be changed to the form of government departments or commissions from next government. Therefore, full discussion on the public broadcasting and legislative measures which were the most important but taboo issues in the legislation of Korea broadcasting and communications are variously presented. The majority of current Korean scholars argue that a public broadcasting system of balanced news and a pay-TV system capable of horizontal regulation should be settled as the measures to simultaneously enhance the economic development and freedom of expression in the field of ICT (Information, Communication, Telecommunication ).
Large-scale reform of government organizations will be inevitable in the next government as both the academic and political sphere need to restructure government system in the field of ICT.
The issues on reform of government organizations are the establishment of government departments to wholly oversee ICT scope and public broadcasting to provide politically balanced news and enhance the freedom of expression. This paper will intensively debate on the issues of restructuring the public broadcaster KBS and the measures of governance reorganization which are the most critical matters under the controversies on reform of government system relevant to ICT in Korea.

참고자료

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