미디어 환경 변화에 따른 지상파 재송신 제도의 현실적 쟁점 연구 보편적 서비스 구현과 경쟁 쟁점에 대한 판례분석을 중심으로

The realization of universal service is one of the primary ideas ofbroadcasting policy. However, it has confronted with difficulty incompetitive media environment, and terrestrial TV’s re‐transmissionsystem was its typical example. Conflict between competitors has led tolawsuits. The apparent issue of lawsuits was a row over copyrights, butwhen it faced changes in media industry, this served as a momentum tocheck the feasibility and necessity of terrestrial TV’s characteristics asuniversal service. This study is based on precedent analysis ofre‐transmission about universal service and competition issues. Theresult of precedent analysis shows that there is a limit to the realization ofuniversal service through re‐transmission system under the conditionthat the concept of universal service is not written in law, and policy goalis ambiguous. Also, the re‐transmission system should be improvedconsidering the judgement of court which recognizes current mediaindustry as competitive market where terrestrial TV and pay TV competedirectly. The idea of universal service should be embodied in Broadcasting Act, and its concept and scope has to be specified to imposecoverage obligation on broadcasters so that the must‐carry rule can beutilized as policy means. As for the broadcasters irrelevant to theuniversal service, it needs to prepare way of introducing must‐carry andre‐transmission assent system and providing reasonable re‐transmissionfee based on the competition policy.