방송법 제9조에서 허가 · 승인 · 등록의 법적 의의에 관한 연구

Article 9 of the Broadcasting Act limits broadcaster entry to the market. Depending on the type of broadcasting, license, approval or registration is needed for market entry. . It provides that a person who intends to operate a terrestrial broadcasting business or satellite broadcasting business shall obtain a license, and that a person who intends to operate CATV broadcasting business shall obtain approval, and that a person who intends to operate program-providing business, electric signboard broadcasting business or CATV music broadcasting business shall register. However, it is unclear what the legal definition of license, approval and registration, and whether there is any difference among those concepts. It is general that administrative actions discussed in the academia and the actual actions provided by statutory are corresponded. It is unclear that concepts of license, approval and registration provided by the Article 9 are corresponded with academic definition. In particular, whether ‘license’ of the paragraph 1 and 2 of the Article 9 means permit or patent, what the definition of ‘approval’ of the paragraph 3 and 9 of the Article 9 is, and whether ‘register’ of the paragraph 5 of the Article 9 is de facto permit or voluntary declaration. Depending on legal definition of those actions, the effect of administrative measure, the range of requirement examination, and discretion are differentiated. Therefore, it is necessary to define legal meaning of license, approval, and register specified in Article 9 of the Broadcasting Act. However, the discussion and previous studies are few so far. This study defines the legal meaning of license, approval, and register specified in Article 9, and legal effects, the range of requirement examination, and discretion of each concept.