공영방송 제도 정립을 위한 현행 방송법의 한계와 입법 과제 고찰 - 판례 분석을 중심으로 -

This study tries to deal with the uncertainty and ambiguity of public broadcasting related laws and finds out how it appears in real disputes, and by extension, discovers political implications to reestablish the concept and category of public broadcasting. As a result of precedent analysis, both KBS and EBS have acquired a solid status as a pubic broadcasting, however, the ambiguity of KBS2 has revealed in the precedent, and it is recognized as a public broadcasting with KBS1TV, and separate broadcaster at the same time. Depending on the precedent, MBC has the status of private terrestrial broadcaster, is required public responsibility without comment of either public or private, or is categorized clearly as a public broadcaster. SBS is also required public responsibility, or recognized as a private subject of rights. In spite of deficiency of the Broadcasting Act without rules and standards that enables to distinguish public broadcasting from private broadcasting and assign differentiated responsibilities, the court recognizes public broadcasting as a concept of reality, and gives standards for public ownership, public resources, and public responsibilities which makes up the concept of public broadcasting. We should prepare an acceptable legal basis on concept and category of public broadcasting reflecting political implications from precedent analysis.