放送事業者의 主觀的 權利와 放送自由의 第3者的 效力

• 영문명: The Fundamental Rights of Broadcasting Enterpriser and the Effect on Third party of Broadcasting Freedom
• 발행기관: 원광대학교 법학연구소
• 저자명: 田正煥(Jeon, Jeong-Hwan)
• 간행물 정보: 『법학연구』제20집, 113~129쪽, 전체 17쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2004.10.30

영문 초록

Broadcasting provides the opportunity that an individuality and social groups can participate in opinion formation, and broadcasting participate in opinion formation itself. Therefore, broadcasting perform the function that contribute to form public opinion with providing prompt and correct information. Due to public function of broadcasting, freedom of broadcasting has especially a stronger objective character than subjective character in comparison with other human right. Here, a question is raised whether the subjective character of broadcasting is derived directly from the broadcasting freedom on the constitution or only from the broadcasting law. It is agreed that the subjective character of broadcasting is derived directly from the broadcasting freedom on the constitution. The reason is as follows. First, broadcasting freedom on the constitution is not affected by broadcasting law, but broadcasting law is affected by broadcasting freedom on the constitution. Second, the special public position of broadcasting is not an argument to reject the subjective character in broadcasting freedom. Therefore, the demand right to establish the broadcasting enterprise is derived originally from the broadcasting freedom on the constitution. Broadcasting freedom on the constitution is effective against the nation from the point of view that broadcasting should not be influenced directly or indirectly by nation. Also, broadcasting freedom on the constitution is effective on a private person, through general clause on the civil law.

목차

Ⅰ. 序說

Ⅱ. 放送事業者가 향유한 主觀的 權利의 基本權性 與否

Ⅲ. 放送自由의 第3者的 效力

Ⅳ. 結論

參考文獻

〈ABSTRACT〉

키워드

기본권 방송사업자 공적책임 방송자유의 제3자적 효력 Freedom of the Broadcasting Subjective Character Objective Character Public Opinion Formation of Opinion