헌법상 방송광고 형식규제의 문제점 - 중간광고의 비대칭 규제의 문제점을 중심으로 -

Discussion of whether the permission of the commercial break in TV is currently still underway. Medium for advertising interests in the center of this debate, especially economic interests and viewer interests of securing access right in the broadcasting. And, of course, economic, hinges on the securing of access right can not be ignored issue of whether acceptance of the judicial standpoint, when commercial is just, not policy issues. At first, the permission of commercial break in Broadcastin is related with the existence and progress of broadcasting in the financially fixed advertisement market. It is not only the political determination, but also the legal problems, which would provoke the constitutional essence of the fundamental right of expression. Therefore this problems are researched in the aspect of constitution and the are regulated as a parliamental Act. Second, it is decided in the part of the broadcasting operator to find the concrete form of commercial break. Because one of the essence of freedom of constitutional broadcasting is self-regulation of program(programmautonomie), which is derived from the german federal constitutional court in his decision. Due to the programmautonomie it is not the competence of KCC(Korea Communication Commission) to decide the concrete form of commercial break, but the competence of the broadcasting operators. In this way the freedom of constitutional broadcasting is guaranteed. Third, commercial break in the current legislation defines the so-called asymmetric regulation. As we saw in front of the permission of the commercial break, the legal regulation is different to the form of the operators of broadcasting. But whether there is the legitimacy of these asymmetric regulation all in the situation is wonder. As seen in various data, in particular already has in advertising and market share between terrestrial, cable broadcasting, satellite broadcasters in situation, the market place that does not differ between them. In this situation the Asymmetric regulation is provoke the Article 11 of the Constitution which regulate the principal of equity and fundamental right of the equal. In this regard the current Act, which is related with the commercial break, pose the possibilities of the unconstitutionality and the revision of regulation is needed.