스마트시대 지상파방송 재송신 관련 판례의 동향과 전망

As the information technology advances, the media environment also rapidly changes, and various new media show up, competing against each other intensely. Under this situation, terrestrial broadcasting program providers start to insist on various rights to their own broadcasting program based on Copyright Act. But cable television system operators repond to this from the point of their contribution to public interest in covering the fringe areas. A series of precedents about terrestrial broadcast retransmission I would like to examine in this paper are revolving around the theory of interpretation on the first and third clause of Article 78 of Broadcasting Act. The position in favor of cable television system operators strives to convince the court that there have been conventions and practices in terms of policies and institutions, so that their terrestrial broadcast retransmission has nothing to do with the copyright infringement. In this paper, I will investigate the theory of interpretation on the first and third clause of Article 78 of Broadcasting Act, then study the constitutional significance of freedom of broadcasting and the protection of intellectual property rights, and furthermore seek for the practical and effective countermeasures on this complex problem.