공법과 사법의 교차점, 지상파재송신 분쟁에 대한 연구 -대법원 판결을 중심으로-

Most Koreans are actually watching terrestrial broadcasting ‘with a fee’, because they watch terrestrial broadcasting programs on MVPD and these make retransmission payment to terrestrial broadcasting companies. Copyright disputes related to terrestrial retransmission have been in litigation for more than 10 years. In these days, the discussion is focusing on the computation of damages, because it is not easy to assess the damage of real time retransmission. The Supreme Court’s ruling in January, 2019 would help this kind of assessment, nevertheless it didn’t establish a new standard but followed existing principles of similar contracts. The problem is that the copyright issue of terrestrial retransmission is public matter occurred from private sector. A breakdown of copyright negotiation is the reason of retransmission cut-off in the copyright court, however the Broadcasting Act protects universal watching right in a fringe area by ordering to maintain retransmission. A series of current copyright lawsuit have shown that it is not a simple infringement of private property. To solve this situation, we should find a matching way both for a broadcasting policy and a copyright policy and think how to harmonize public law with private law.