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

• 영문명: A Study of Broadcasting Deliberation Regulations in View of Public Law - Focused on several issues concerning a draft amendment to the Broadcasting Deliberation Regulations -
• 발행기관: 경희법학연구소
• 저자명: 오준근(Oh Jun-Gen)
• 간행물 정보: 『경희법학』제39권 제1호, 39~65쪽, 전체 27쪽
• 주제분류: 법학 > 민법
• 파일형태: PDF
• 발행일자: 2004.06.30

영문 초록

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.

목차

Ⅰ. 들어가는 말

Ⅱ. 방송심의규정의 법적 지위

Ⅲ. 개정된 방송심의규정의 몇 가지 쟁점

Ⅳ. 맺음말

키워드

방송법 방송심의규정 방송위원회 행정위원회 방송심의제도 법규명령 행정규칙 시정명령 행정지도