지상파 재송신 관련 법률 적용과 정책 방향: 방송법, 저작권법, 공정거래법을 중심으로

Dispute over terrestrial retransmission remains to be a point of contention due to acute conflicts among operators. This paper seeks to analyze case studies of terrestrial retransmission and gain understanding of the court’s legal application and principles. Upon examining issues surrounding broadcasting, copyright and fair trade acts in court rulings, the following policy implications were derived. First, an understanding of legal relationship between broadcasting, copyright and fair trade laws is necessary. The court has taken a passive stance in regard to applying the Fair Trade Act where Copyright Act is applicable. Second, the court’s interpretation of the areas for terrestrial retransmission in connection with the Broadcasting Act is consistent- simultaneous broadcasting rights are recognized regardless of the region. Third, a revision of the application of rights for public transmission, reproduction and simultaneous broadcasting in regard to terrestrial retransmission is necessary in the context of the Copyright Act. Fourth, in consideration of the intentions of the statutory permission system under the Copyright Act, revision of the law should be discussed. Fifth, application of the prohibited acts under the Broadcasting Act should be scrutinized so as to avoid clashes with the Fair Trade Act. Sixth, it is necessary to contest more strongly against unfair joint actions under the Fair Trade Act in the future.