방송의 객관성 규제수단에 관한 고찰 — 현행 규제수단에 대한 법률적 검토를 중심으로 —

Even though the effectiveness of the broadcast has decreased recently resulting from the expansion of the internet media, the broadcast is still the most powerful method of media. Due to the public interest aspect of media, the freedom of broadcast has the characteristic of objective normative order in company with the characteristic of constitutional guarantee. For this reason, the content of broadcasting are regulated by more concrete and direct restriction than other media. Because the objectiveness of the content is the fundamental principle of the broadcast, it’s regulated by the substantial method of restraint. Notwithstanding the appropriateness of the regulation, the existing law needs to be reformed due to the problem of deviation of the constitutional limit. The objectiveness of the broadcast is controlled by 1) restriction on the benefit through issuing unfavorable disposition by the broadcasting deliberation system 2) restriction on the license renewal 3) issuing the collateral clause with the license renewal. The first method of restriction by the broadcasting deliberation system has a risk of abuse of discretionary power since its criteria are not clear and the system has a weakness to keep the neutrality. The second method of restriction on the license renewal has two ways of means, imposing a penalty on the broadcasting deliberation, reflecting qualitative assessment. The first has a risk of violation of constitution because it imposes a heavy penalty without reasonable grounds. The second has a risk of illegal disposition by uncertain standard of the qualitative assessment. The method of issuing the collateral clause with the license renewal has a risk of violation of principle of necessity by imposing separate regulation though it has other method to guarantee the broadcast objectiveness. In order for the freedom of broadcasting, the point in disputes mentioned above should be improved to mitigate the risk of violation of constitution.