방송의 공적 책임과 방송편성권의 주체

Freedom of broadcasting, a kind of freedom of expression, includes both rights: the right of broadcasting companies to be free of social powers as well as the state, and the right of the public to get diverve ideas from broadcasting. Freedom of broadcasting is constitutionally protected to the extent that broadcasting plays an essential role for members of a society to participate in decision making, especially in policial decision making after being exposed to diverse opinions. Editorial independence, by which diverse ideas are expected to be produced, should be guarranted for broadcasters to make programming decisions not on the basis of political discretion, but on the basis of professional criteria and the public's right to know. Some argues that internal independence of broadcasting are urgently needed. It means that guarantees broadcasting workers such as reporters or producers to make decisions independently from owners, board of directors and an executive officer. However, internal indepedence of broadcasting cannot be stand alone. It should be balanced by accountability to the public. As freedom of broadcasting and accountability should go together, the the subject of freedom of broadcasting should be the same as the subject of accountability. In Korean Constitution context, it is the broadcasting company itself that is the subject of freedom of broadcasting and responsibility of broadcasting fair and diverse programs. Broadcasting companies are run by CEO and executive directors who are in charge of operating a company. Broadcasting works can share the right and responsibility with executive directors but cannot have the right to produce independently from the company.