지상파방송프로그램의 법적 성격과 의무재송신 관련 저작권 현안 검토

After the court decides to pay a royalty fee for retransmission of terrestrialbroadcast programs to a Terrestrial broadcasting business entity by a systemoperator(SO), the cost of retransmission paid per subscriber(Cost Per Subscriber, CPS)is increasing. Viewers are already burdened by “TV license fees” and advertisementviewing for some terrestrial broadcast programs. However, this increase in the cost ofterrestrial broadcasting content will eventually be passed on to the SO or IPTVsubscribers, adding to the cost of viewers. This study first examined the legal natureof whether terrestrial broadcasting programs are works that should be the subject ofuniversal service as public goods or private property. As a result, the publicterrestrial broadcast program is a work produced by a limited right holder authorizedby the state, and the resources of the creation are also the resources of the state,which is a service that everyone should enjoy universally. Therefore, KBS2 has noreason to be treated differently from KBS1 and EBS’s broadcast programs that arecurrently subject to mandatory simultaneous retransmission. Unlike KBS, MBC doesnot receive “TV license fees” and does not reach consensus on whether or not it isa public broadcaster. Therefore, MBC’s broadcast program proposed an eclectic planto pay the retransmission fee(compensation), while subjecting the mandatorysimultaneous retransmission. In addition, in view of the public goods nature ofterrestrial broadcast programs, the natural monopoly of the broadcasting business andthe realization of the distributive justice, public interest regulation on the transactionprice of terrestrial broadcasting programs is justified. Therefore, in this study, the remuneration fee for public terrestrial broadcasting programs was decided by thestatutory committee called the “Compensation Committee,” and then that proposal wasapproved by the Korea Communications Commission. Private terrestrial broadcastprograms, however, are not subject to compulsory retransmissions and, in principle,are agreed upon by the parties. However, if the agreement was not established, aproposal was made to prevent the inconvenience of viewers such as interruption ofthe transmission through Compulsory License, decision by the CompensationCommittee, and application for a ruling.