헌법적 관점에서 바라본 지상파 재송신 분쟁의 입법적 해결방안에 관한 연구

Advance of technology creates new markets and influences legal relation which is the core of duty and right. In other words, technical advance requires reestablishment of previous relationship, which certainly leads to big social conflict and acute tension of interest-relationship. Retransmission of the terrestrial broadcasts issues is also the main area which undergoes such hardships during process of technical advance. However, current law does not reflect the transformation of the market environments caused by advance of technology and service, attributing such disputes to the court.
Based on awareness of such problems, this paper examined the recent terrestrial broadcast retransmission issue which is concerned with SO(System Operator). We examined transformation of legislative environments regarding retransmission and trend of recent precedents and legislation enforcements.
Then we suggest an institutional improvement plan corresponding to changing situations. First, channels of retransmission should be extended. Secondly, request for compensation should be approved, but institutional solution should also be prepared for reasonable calculation of the amount of compensation.
Considering the elasticity of institutional management, quick response to variation and necessity of rapid opinion-convergence of people with interest, this paper suggest the establishment of a new court committee; Committee of Price Compensation for Obligation of Simultaneous Retransmission. In case of calculation for price compensation conducted by such organization, several factors should be considered such as difference of compensation rate depending on inclusions of profits or broadcasting fee caused by advertisement retransmission and rating of pay broadcasting.