S-Space College of Law/Law School (법과대학/대학원) The Law Research Institute (법학연구소) 법학 법학 Volume 43, Number 1/4 (2002)
TV수신료의 법적 성격과 공영방송재원조달에 관한 연구
Comparative Study on the Legal Issue of the TV Receiving Fee
- Issue Date
- 서울대학교 법학연구소
- 법학, Vol.43 No1 pp.394-435
- 언론․출판의 자유에 방송이 포함; 신탁이론; 영향력이론; 공영방송(public service broadcasting); 수신료의 법적 성격; 1999년에 TV수신료의 법적 성격을 특별부담금
- Television Broadcasting in the 21 century is an indispensable vehicle to
realize freedom of speech and democracy and plays a decisive role in forming
public opinions. It influences materially the development of political and social
The Purpose of this study is to review the legality of public broadcasting
company's receiving fee in the perspective of comparative law research and to
find the way of improving the receiving fee collecting system.
In the TV Broadcasting Receiving Fee case, the Korean Constitutional Court
held that the article 36(1) of the Korean Broadcasting System Act, under
which the board of directors of KBS can decide the amount of TV receiving
fee merely by obtaining the approval of the Minister of Public Information
without any intervention of the National Assembly, does not comply with the
constitutional principle of statutory reservation(98 Hunba 70, May 27, 1999).
In this TV Broadcasting Receiving fee case, the Court says, “the receiving
fee is a special assessment” that is imposed only on those who own TV sets
for the purpose of creating financial resources for the specific public use.
After this decision, The National Assembly consolidated the Broadcasting
Act, The Composite Cable Broadcasting Act, The Management of Cable
Broadcasting Act, and the Korean Broadcasting System Act into The New
Broadcasting Act(2000. 1. 12. Act No. 6139). This Broadcasting Act States in
its Article 65 that the amount of the fee shall be decided by the board of
directors and approved by The National Assembly.
However, the character of receiving fee and the conditions of imposing...