데이터 홈쇼핑 규율의 현황과 그에 대한 평가

The purpose of this article is to aim to present situation and problems of legislation regulating data home shopping, and to propose which direction it should change to respond to changes of broadcasting service environment. To achieve this goal, the present state of the laws and policies governing data home shopping was first presented (II). It also presented its problems and suggestions for improvement (III). Finally, the article was concluded by putting these discussions together (IV). The results of the discussion are as follows: First, Broadcasting Law and Telecommunication Law is moving toward a horizontal regulation system all over the world in a converged environment. In this system, the classification of broadcasting and telecommunication service business operators shall be regulated by classifying them horizontally and by classifying the status of business operators relatively large, and entry shall be made relatively easy. If converged services have the characteristics of both broadcasting and telecommunication services and are subject to redundant regulations, a single regulation should be improved. the same service should be regulated same in all areas, including entry and individual action regulations. In this view, TV home shopping and data home shopping, despite the technical differences, can be said to be the same service provided by the same layer in the current communication status, and principle of equal regulation for the same service should be applied. In addition, It should be improved that data home shopping business operators are classified as data programming provider among program provider under the Broadcasting Act and the Enforcement Decree of the Broadcasting Act, and as Internet multimedia broadcast content providers under the Internet Multimedia Broadcast Service Act, and as value-added telecommunications service providers under the Telecommunications Business Act. In this connection, the current Broadcasting Act is not suitable for converged environments because the distinction between service and service providers is too detailed. Thus, in the future, data home shopping businesses and operators require a more comprehensive distinction in the classification of service and service providers to provide services rather than the current Broadcasting Act. Second, dedicated data home shopping businesses must be approved by the Minister of Science and Information Communication Technology(ICT), as program provider under Broadcasting Act. Approval here is deemed to mean relaxed patent or discretionary permission as stated in administrative law theory. This is considered reasonable because of the large social impact on viewers and consumers compared to general broadcasting channel operators. However, when the data home shopping market is matured, it needs to be considered proactively to revise the data home shopping service provider to register the minister of science and technology information and communication to enter the market in order to promote market competition. Meanwhile, the approval agenda is valid, as in Article 18 paragraph 3 of the Internet Multimedia Broadcast Service Act. It is reasonable to define an agenda for reporting value-added telecommunications service providers on the condition that all necessary screening can be improved in a single procedure. There is also a clear limitation of requiring the government which has granted approval under the Broadcasting Act to protect the business interests enjoyed through approval. Broadcasters using broadcasting channels should obtain profits through competition in the market and not seek to pursue rent in favor of government’s media policies. Third, TV home shopping and data home shopping are the same service provided by the same layer, so the same regulation principle should be applied in principle. However, discriminatory discipline between media can be justified due to the emergence and development of each business and business operator. The government may consider social influence, protection of latecomers, competitive policies and industrial promotion views in these discipline. Nevertheless, the right of equality of Article 11 of the Constitution, the requirements of constitutional rights limitations of Article 37 paragraph 2 of the of the Constitution shall be complied with. In light of this view, there is currently a problem with the Ministry of Science and ICT's TV home shopping and data home shopping policies. Fourth, legal system of Republic of Korea forms a phased structure with Constitution, Act, Decree and administrative rules. The matters concerning the rights and duties of the people shall be regulated by Act by the National Assembly composed of representatives of the people. From this point of view, the administration's act of regulating the behavior of dedicated data home shopping operators in the form of previous “guidelines for ancillary data broadcasting,” current “legislative criteria for data home shopping concepts and scope” and administrative guide is unconstitutional against the principle of parliamentary reservation.