放送事業者의 主觀的 權利와 放送自由의 第3者的 效力

The Fundamental Rights of Broadcasting Enterpriser and the Effect on Third party of Broadcasting Freedom

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.