언론법제에 관한 연구

다국어 초록 (Multilingual Abstract)

  The National Assembly enacted the Internet Multimedia Broadcasting Business Act on Jan. 8 2008, which curbs multi-media ownership and puts restrictions on the market dominance of internet service. The purpose of this Act is to analyze the characteristics of IPTV media, which provide an integrated service of broadcasting and telecommunications. Additionally, the National Assembly enacted the Act on Protection of Freedom and Function of the Press (from now on ‘Press Act’) as one of its four reform bills on Jan. 1, 2005, which curbs press ownership, puts restrictions on the market dominance of newspapers, requires press owners to report circulation and the advertising revenue to the Press Development Committee, infringes on the freedom of the press and trespasses the rights of freedom enshrined in the Constitutional Law(§21).<BR>  The Press Act pursued the policy that a newspaper company should not have cross-ownership and multiple-ownership in order to embody the democratic society through the diversity of opinion. The question was called, in that this media policy restricted the newspaper companies’ freedom of the press. Some newspaper companies brought a Constitutional Complaint to the Constitutional Court and ultimately it induced a judgment by the Constitution Court.<BR>  The Constitution Court issued a decision that the clause of the non-cross-ownership is constitutional, but that the clause of the multiple- ownership is incompatible with the Constitution. I think that this Constitutional decision of the Newspaper Act is reasonable.<BR>  This paper suggests that the government should enact media unification, not a revision bill, to get rid of stumbling blocks to the growth of their business in coping with the new media environment, and to strengthen the financial health of the media industry, while focusing on the constitutionality.