방송통신융합에 따른 헌법문제의 고찰

• 영문명: The Analysis of Constitutional Problems in according to A fusion between Telecommunication and Broadcasting
• 발행기관: 세계헌법학회 한국학회
• 저자명: 정영화(Jung Young-Hoa)
• 간행물 정보: 『세계헌법연구』世界憲法硏究 第13卷 第1號, 21~40쪽, 전체 20쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.06.01

영문 초록

  This paper is concerned with a constitutional material matters such as regulation mechanism and devices on the freedom of both express and communication through the devices and utilities of a Broadcasting and Telecommunication in result of development of technology such as internet protocol Television.
  In recent legal policy on regulation of information area such as internet and mobile devices has changed from "hard technological determinism" toward "soft technological determinism", because congress men and bureaucrats did not fully recognized those mechanism and functions of information devices. They should pay attentions to the dyfunction of information devices and mechanism, even if the extent of those legal statutory interpretation depends on the strength of the arguments they want to make.
  In the one hand, IP-TV has embodied with a fusion between telecommunication and Broadcasting usually, the one would interpret the precedents narrowly and try to distinguish them. However others would not agree the precedent"s interpretation as well as can not be persuaded by this distinction on the fusion between telecommunication and broadcasting.
  Now complex legal analysis often involves strategic thinking and several levels of argument. we will need to examine a variety of sources and their interrelationships, and to develop a legal interpretation on the constitutional material matters on the fusion between telecommunication and broadcasting from "a hard regulation policy" and "a structural regulation" toward "a soft regulation mechanism" as well as "a horizontal regulation".

목차

Ⅰ. 방송통신 융합의 배경과 이슈
Ⅱ. 미국의 통신방송융합의 법정책과 판례
Ⅲ. 뉴미디어와 통신융합의 헌법적 문제
Ⅳ. 방송통신 융합서비스에 대한 법적 규제
Ⅴ. 결론
참고문헌
ABSTRACT

키워드

방송통신융합 헌법문제 방송위원회 미디어법제 공공성 " Fusion between telecommunication and broadcasting" " soft technological determinism" " soft regulation mechanism" " horizontal regulation"