방송심의규정에 관한 공법적 고찰 - 개정된 방송심의규정에 관한 몇 가지 쟁점을 중심으로 -

다국어 초록 (Multilingual Abstract)

The Broadcasting Deliberation Regulations are one of the Korean Broadcasting Commission Rules that are established to prescribe matters delegated by the Broadcasting Act, which has newly taken effect since the year 2000, and other necessary matters for the implementation of the Broadcasting Act. The Broadcasting Deliberation Regulations provide the standards and procedures necessary to deliberate on the fairness of broadcasting and the performance of its public functions. This article aims to deal with the following:
First, it presents the intrinsic nature of the Broadcasting Deliberation Regulations in view of administrative law. Article33 of the Broadcasting Act prescribes that the Korean Broadcasting Commission should establish Broadcasting Deliberation Regulations. In that case, it is required that the Regulations include the matters as provided for in Article 33 of the Broadcasting Act. In this context, it may be said that the Broadcasting Deliberation Regulations has the legal nature of a delegated order made under the delegation of the Broadcasting Act as well as of an executive order giving shape to and providing a basis for implementing Article 33 of the Broadcasting Act.Secondly, this study provides the recent developments in the discussion on disciplinary measures, such as caution, warning, recommendation, introduced into the Broadcasting Deliberation Regulations without having no ground in law and analyzes alternative measures for them.
Lastly, it presents the recent developments in the discussion on whether or not the Broadcasting Deliberation Regulations can adopt the corrective orders as referred to in Article 99 of the Broadcasting Act and analyzes alternative measures for them.
The methods of study adopted by this article are as follows:
First, it conducts the researches into domestic and foreign discussion materials concerning legal orders and administrative rules prepared in the light of administrative law by applying the techniques of analyzing literature.
Secondly, it analyzes judicial precedents related to the Broadcasting Act and other judicial precedents related to legal orders and administrative rules.
Lastly, it analyzes various discussion materials presented in the process of public hearings, deliberations by the Deliberation Regulations Reform Commission, and prior announcements of legislation.