인터넷과 방송의 심의체계에 관한 행정법적 고찰

A Review on the Korean System of the Deliberation of the Contents of Internet and Broadcasting according to the Administrative Law Viewpoints

This article was written to analyze the korean administrative System of the deliberation of the contents of internet and broadcasting. The korean system was reformed by the ｢Act on the Establishment and Operation of the Korea Communications(KCC Act)｣ of 2008.02.29. According to the KCC Act “the Korea Communications Commission(KCC)” and “the Korea Communications Standards Commission(KCSC)” are established. The KCSC was empowered the authority to exercise the jurisdiction over the deliberation of the contents of internet and broadcasting by the KCC Act. Because the legal status and some competence are not clearly prescribed in the act, some discussion and interpretation are required according to the theory of the perspective of the administrative law. First, the question about the legal status, is KCSC an public authority or a private organization, was discussed according to the standards of the legal theory. Because the KCSC was established under the KCC Act as an independent statutory organization, empowered the integrating review function of the Korean Broadcasting Commission and functions of the Korea Internet Safety Commission, financed by the korean gevernment, the KCSC should be regarded as a public authority and not as an private organization. Second, the status of the KCSC was interpreted according to ｢the Government Organizations Act｣. Because the KCSC consists of 9 members commissioned by the President of Korea, especially 6 of them upon recommendation by the National Assembly, the KCSC had a special status of a independent commission, which was not an governmental agency or a subsidiary agency of a ministry or another commission. Third, the legal character of the major funtions of the KCC are discussed; the establishment of the regulations, deliberation over the broadcasting content and decision upon disciplinary measures to be imposed under the ‘Broadcasting Act’, deliberation over content via various forms of communications under the ‘Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.’