영화에 대한 공법적 규제 - 제한상영가 영화를 중심으로 -

The Film is a composite art including the contemporary literature, music, art, drama, and science technique, etc. Korea’s Constitution assures freedom of speech and press (Paragraph 1 of Article 21 of the Constitution), and doesn’t acknowledge permission or censorship about press (Paragraph 2 of Article 21 of the Constitution). On the other hand, a freedom of expression is included in the freedom of speech and press, and the film is also one way of expressions so that shooting and screening film is assured by the Constitution, and also the shooting and screening is assured by the Paragraph 1 of Article 22 of the Constitution, including a freedom of study and art, because it is to be a way of presenting a results by a study and also to be a way of expression of art. But, every nation has a prior film review system for the protection of teenager or some other reasons due to the huge repercussion effect of it. In Korea as the result of three decisions by the Constitutional Court about the unconstitutionality of the prior film review system in 1996, 2001 and 2008, a ‘restricted screening’ rating which strictly restricts the screening places and advertisements has been established. The Rating organizations to determine is now called ‘Korea Media Rating Board’. However, it continues to be controversal whether the system is a violations of freedom of expression. In my opinion, a certain degree of regulation about movie by public law need to the public interest. And the current regulatory is constitutional. But it is suggested that jury system, in charge of a rule at social integration, is needed to apply into dispute about the film rating.