방송통신심의위원회의 독립성 확보방안에 관한 연구 = A study on independence acqusition method of Korea Communications Standards Commission

다국어 초록 (Multilingual Abstract)

Where needs arise to perform part of duties independently, an administrative agencymay establish a representative administrative agency, such as administrative committee,etc. For guaranteeing the public nature and fairness of broadcasting contents, cresting asound culture in the areas of information and communications and creating anenvironment where information and communications are used in an appropriate manner,the Korea Communications Standards Commission(hereinafter referred to as the “KCSC”)established to perform its duties independently by the Act on the establishment andoperation of Korea Communications Commission in Feb. 29, 2008. But there are someproblems as follows. First, legal status of KCSC is vague so there are some problems toperformance of KCSC``s duties such as administrative appeals, information disclosure,electronic lawsuit. Second, authority of deliberation and decision on sanctions aredualized by the Act on the establishment and operation of Korea CommunicationsCommission ; while KCSC has authority to deliberation on broadcasting and internetcontent - the deliberation authority on matters falling under Article 32 of theBroadcasting Act and Article 44-7 of the Act of Promotion of information,Communications Network Utilization and information Protection. ect, decision on sanctions, etc. under Article 100 of the Broadcasting Act and requests for correction, theKorea Communications Commission(hereinafter referred to as the KCC) has authorityto decision on sanctions but constitutional court granted KCSC disposition of requestsfor correction on internet contents deliberation. Third, KCSC has not authority to reviewbill related content. For perform KCSC’s duties independently, we should improve problems of laws andsystem about contents deliberation on broadcasting and internet. First, we have to grantKCSC independent regulatory agency to clarify the legal statue of KCSC. Second, weshould amend the laws of contents deliberation to unify deliberation authority anddisposition authority. Third, for perform deliberation contents independently, we shouldgrant KCSC authority to review bill related content.