스마트환경을 고려한 방송통신 법령 개선방안

Abstract

As a result of further accelerating of the convergence and the smart era, a radical change appeared in broadcasting and communication service market. And to the widespread availability of smart devices such as Smartphone, Tablet PC and Smart TV, etc., Broadcasting and Communications industry is affecting many other industries. Thus producing a variety of wireless Internet-based explosion of demand for services and the resulting broadcast communications infrastructure there is a need to expand. On the other Hand, in the process of providing smart services in cyberspace, such as copyright violations, libel action and tort is increasing the possibility of illegal acts. Due to changes in those industries that the government around the KCC(Korea Communications Commission), KFTC(Korea Fair Trade Commission) and several government departments including the Ministry of Culture, Sports and Tourism are under heavy pressure from the dawning of the smart era to draw up some effective new policy. In addition, in order to survive in the market communications, broadcasting and related industries, operators has responded by preparing a response. And, in the IT industry for the development of advanced communications equipment has progressed rapidly, so for a short period of time than ever before. In other words, recent telecommunications equipment and services industry in the keynote smart, smart revolution is entering. In the future, other smart devices with smart phones, tablet PC and Smart TV on the market, there are much more likely to emerge. Therefore, in this paper, it present that is a serious problem discussed in the infra, law and system of broadcasting and communication. And among problems, we deal with arrangements for reasonable and effective regulatory system and policy plan in the field of broadcasting and communication. The government frame one’s policy and broadcasting and communication operators are developing detailed plans to cope with such crises as industrial environment. In ChapterⅠ. introduction and Ⅱ. Current Status of the policy ministries and direction of the corresponding operators, we tried to view the recent changes in broadcasting & communications market and policy environment. In particular, were examined the impact on the Broadcasting and Communications market owing to the market changes, acceleration of the smart environment and changes in government policies through related literature and press release. In particular, we examine trends in policy promoted by KCC in the year 2010 and 2011, and the operators' response also discussed. In chapter Ⅲ, deals with improvement of broadcasting and communication regulatory system and issues relating to the enactment of tentatively named 'The Broadcasting Telecommunications Business Law' resulting from the advent of smart era. That is, First, we studied the present condition and limitation of legal system, and consider of necessity of upgrade of regulation system. After that, reviewed the situation of the present broadcasting and communication market and regulation issues. In chapter Ⅳ, drew the direction of improve of laws and institutions for the broadcasting and telecommunications industry's sustainable development and proper regulation from this study. First, since 2009, examined the background and progress for that the KCC has been promoting the integration of the Broadcasting Act and Telecommunications Business Act. And the direction of promoting the integration law of KCC, the enactment of the Broadcasting and Communications Development Act and examined regulations principles on telecommunications and broadcasting. Based on the results, following things were examined, that is, improvement direction of regulatory frameworks into the Horizontal regulatory frameworks, service identification in the field of broadcasting and communications, business classification scheme, ex-ante and ex-post regulatory system to improve the direction of regulato