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A Legal Concept of the Convergence of Broadcasting and Telecommunication

  • Public Land Law Review
  • Abbr : KPLLR
  • 2009, 46(), pp.257-290
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

KIM, MIN HO 1 김현정 2

1성균관대학교
2성균관대학교 행정법박사

Accredited

ABSTRACT

According to the development of science and technology, a new service which is called a convergence service of broadcasting and telecommunication appeared. Usually such a convergence service includes both characters of broadcasting and telecommunication services and it is called a midterm sphere service or a boundary sphere service. A lot of discussions got accomplished about this subject, because the present legal system is based on the traditional broadcasting and telecommunication system, and the ordination of the legal system for the new convergence system is insufficient. Especially the discussions went on progress to regulate if it's more adequate to subsume the convergence service into the broadcasting sphere or into the telecom- munication sphere, or even in a new tertiary sphere. However, broadcasting and telecommunication have different legal concepts, and the ideological pact of the regulation and the regulation principle of the two services are different from their legal roots on. In the case of the convergence of broadcasting and telecommunication service, this one has both characters of broadcasting and telecommunication. So if the convergence service is subsumed into one traditional legal concept, the basis of the broadcasting and telecommunication system will collapse. In addition, broadcasting and telecommunication are different in their constitutional fundamental rights and these rights cannot be converged. If the convergence of broadcasting and telecommunication is defined in a legal concept, it results to a convergence of the fundamental rights of the constitution. This thesis recognizes this problem, and the principal main subject of this thesis is about the adequacy of the legal concept of the convergence of broadcasting and telecommunication, the technological concept of the convergence is of course possible. According to these analysis, the regulation ideology and theory of the convergence of broadcasting and telecommunication is not a theoretical fusion of the regulation ideology and theory of broadcasting and telecommunication each, it is only a pilled mix of them. Thus, each fundamental right is just entangled and there does not exist any new fundamental right. That means that the convergence of broadcasting and telecommunication might exist in a technological concept due to the fact that it has elements of both broadcasting and telecommunication, but it cannot become a legal concept. The convergence of them is only a technological concept, and in legal matter the broadcasting part of the convergence has to be handled just as broadcasting, and the telecommunication part of the convergence has to be handled just as telecommuni- cation. The convergence of broadcasting and telecommunication must be understanded as a "Broadcasting․Telecommunication" as a individual concept each.

Citation status

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