민영방송 재허가 조건에서의 소유ㆍ경영 분리의 함의와 법적 한계 ― 부당결부금지원칙의 적용을 중심으로 ―

This article focuses on the legal problems on separation of ownership and business administration(management) in private broadcasting. Private broadcasting in Korea has a shorter history than other leading countries of the world. Historically, private broadcasting in Korea has been subject to the same regulations as public broadcasting in relation to re-licensing. In the digital era, when the convergence of broadcasting and communication is intensifying, regulations should be drastically eased so that private broadcasting can enjoy much wider freedom as a private company and compete with other paid broadcasts. In particular, the demand for separation of ownership and management, which exists only for private broadcasting, has no legal basis and the criteria for determining whether it is met, causing only unnecessary dispute between regulators and broadcasters. It is desirable to avoid the conditions of separation of ownership and management imposed upon re-licensing of broadcasters because it does not meet the rule of law and Koppelungsverbot. In response to changes in the paradigm of today’s digital convergence era, private broadcasting should be supported in a policy way to find a new way to freely operate the broadcasting business while maintaining its responsibility for broadcasting.