방송통신 융합서비스에서의 방송과 통신의 법적 개념에 관한 연구

Technically, the convergence of Broadcasting and Telecommunication means an appearance of a new media or service due to the development of the convergence technology. Since the legislation has to be developed according to the current of the time, a modification of the legislation system is being needed,suitable for the convergence service. The legal system has fundamental rights or ideologies which have to be protected. Freedom for Broadcasting and protection of secrets and freedom for Telecommunication are the constitutional protection ideologies of them. Therefore,to converge these concepts and regulate them by one united legislation, a convergence of both fundamental rights or a creation of a new fundamental right is required. However, converging different fundamental rights is impossible unless these are reiterated, and for creating a new fundamental right, the grounds are insufficient. Therefore, though a technical concept of convergence of Broadcasting and Telecommunication exists, a legal concept of such a convergence does not. But, by regulating the “new” service with the “traditional” regulations would cause vacuum or repetition of the legislation system, for that reasons, the modification of the legal regulation system is necessary. To regulate this “convergence service”, a dividing this service into “Broadcasting Service” and “Telecommunication Service”, and regulating them separately adoptable to their different legal ideologies seems reasonable. For dividing the convergence service separately into “Broadcasting” and “Telecommunication”, “real time” and “selection authority” could be the criteria. Using this criteria, “the freedom for Broadcasting” and “protection of Telecommunication”can be divided without losing their basic ideology. The service provided in “real time” and without “selection authority” is Broadcasting, and the service provided with “selection authority” but not in “real time” is Telecommunication. The modification of the legislation system could be done by using this standard. After the modification of the regulation system, the individual strength of the regulating system each has to be set, and many investigations for the obvious definition of the purpose, ideology and regulation direction have to be accomplished.