• Journal of Internet Computing and Services
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• v.17 no.4
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• pp.145-159
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• 2016

This study points out the problems of absence of the legislation for standard regulation on Video on Demand(VoD) advertisement which grows so fast lately, for this it recommends making legal references, which have the definition of non-linear broadcasting & VoD advertisement and VoD advertisement standard regulation in the merged Broadcasting Act, and adopting co-regulation system. Pay TV operators providing VoD service have the opportunities to make money as subscribers uses it increasingly. In case of linear service, the Broadcasting Act regulates the advertisement strictly, but not the VoD ads. The reason why is that Korean legislation including the Broadcasting Act does not have legal reference to regulate it, instead of that, it rely on the self-regulation system which is operated by pay-tv players who provide the VoD ads. So, there is the limitation to protect the minors such as children and youth from the harmful VoD ads, to be invulnerable for advertisers to influence to advertising agents, and to ensure the regulatory effectiveness under player-centric self-regulatory regime. In this context, this study analyses the how to regulate VoD ads standard with a three-pronged approach. First, it analyses the VoD ads regulation system in overseas countries, UK, Canada, EU and Ireland. Each country has the legal reference to regulate it in the Broadcasting Act or lower statures and adopts the co-regulatory regime the NRA and the 3rd entity operate together. Second, it reviews the objectives and scope of VoD ads standard. This study recommends that the objective of it is users protection and the scope of it is standard regulation not commercial practice. Third, this study researches how to legislate for regulation of VoD ads standard. Considering VoD service's characteristics(non-linear service) and legal position of Ads agency(i.e. pay tv operators), it suggest that legal reference will be in the integrated Broadcasting bill, which is the general law, not individual. If it is available to regulate VoD ads standard with co-regulatory regime, it expects the enhancement of user protection from the harmful VoD ads and make up sustainability of the pay-tv players' self-regulation.

• Journal of Legislation Research
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• no.44
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• pp.63-101
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• 2013

This article firstly explores into the concepts, components, and pictures of institutional realization of competition and diversity respectively on the premise that competition and diversity comprise the primary objectives to be pursued by the broadcasting-related laws which provide the concrete measures of media policy, and argues that while the competition objective has differentiation factors, there are also particularities in the diversity value in the broadcasting-related laws as sector-specific competition laws. Then assuming that special competition rules including structural regulatory measures particularly in the broadcasting market are required in order to realize values of competition and diversity harmoniously, this article suggests the following improvement directions for regulations aimed at protection of competition and diversity in the broadcasting-related laws. The first one is with the improvement method for regulations aimed at protection of competition. Regulation on share of audience as an ex ante regulation of status and regulation on prohibited activities as an ex post regulation of conduct may play important roles in substituting the causative regulation while seeking for diversity value. For this purpose, it is needed to develop a concrete method that incorporates diversity-related factors as consideration factors in the standard for determining illegality of prohibited activities by inference to methods of determining illegality in the competition law. The second one is with the improvement method for regulations aimed at protection of diversity. This could be considered from three viewpoints that are the setting of regulatory objectives, the identification of alternative regulatory measures, and the choice of regulatory measures and levels suitable for regulatory objectives. From these viewpoints, the regulatory framework should be improved mainly with institutional measures in which diversity value is used for tools of assessment and analysis, not just remaining as mere rhetorical devices, and whether or to what extent to maintain regulations seemingly unreasonable in terms of harmonization with economic objectives such as competition should be discreetly reviewed.

• The Journal of the Institute of Internet, Broadcasting and Communication
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• v.17 no.3
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• pp.215-226
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• 2017

This study examines the concept of public interests in pay TV industry and analyzed the regulatory framework of the industry. The concept of public interests such as diversity, localism and quality which are mainly discussed in the context of over the air broadcasting extends to universal access, fair competition and consumer protection as pay TV industry grows. However, there is a lack of concrete implementation of public interests in regulatory framework and coordination of public and industrial interests was not accomplished. Major policy that regulates the pay TV industry carries out without big picture. Policy implementation without long term plan results in hierarchical regulation model and it produced consistency problem. In the process of implementing policy in pay TV industry public interests and industrial interests discussion is mixed and sometimes it played exaggerated role.

• The Journal of Korean Institute of Communications and Information Sciences
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• v.35 no.3B
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• pp.536-550
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• 2010

This study analyzes the characteristics of broadcasting law and telecommunication law and suggested the key legitimate of regulation where convergence law would go for in the convergence circumstances by drawing the common and differential characteristics of two laws. Moreover, in the value of inherent pursuit of broadcasting law and telecommunication law, this paper examined whether these values continued to be reflected in the convergence law, and indicated the direction how these values should adopt in the convergence law. The result of this study shows that strong entry regulation has applied to both broadcasting and telecommunications industry. Also, both industries have been required to be universal service to realize the value. Meanwhile, the pursuit of original value of broadcasting law and telecommunication law can be summarized as secure of access and diversity, respectively. In the convergence law, it is necessary to compensate and modify the meaning of access and diversity based on traditional regulation.

• Proceedings of the Korea Technology Innovation Society Conference
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• 2013.05a
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• pp.231-246
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• 2013

• Journal of Legislation Research
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• no.44
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• pp.155-184
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• 2013

This study takes a critical perspective that current vertical regulatory framework for broadcasting, telecommunications, films and games cannot cope with media development in the age of convergence. Changes in media environment mitigate the uniqueness of terrestrial television causing doubts as to why television contents should be treated more strictly than the rest of media contents. Consensus is being reached that horizontal regulation would be the appropriate regulatory measure for media contents. However, which content should be aligned to what level of regulations have not been fully dealt with. The paper shows that the current regulatory framework which is established according to each delivery platform is no longer valid in convergent media environment. It shows why all content regulation should be applied in platform neutral manner. Then it also suggests both short and long term regulatory changes that need to be made in order to meet the future challenges in media convergence era.

• Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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• 2012.10a
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• pp.511-514
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• 2012

IPTV는 기술적으로 TV에 PC적 기능이 더해지고 인터넷 프로토콜(IP)을 통해 인터넷과 연결되는 서비스로, 국내 초고속인터넷의 속도가 VDSL, 광랜과 같은 서비스의 등장으로 최대 100Mbps에 이르러 동영상 콘텐츠의 실시간 스트리밍 서비스가 가능한 환경이 구현되었다. IPTV 도입을 통해 산사건 방송, VOD 등의 기본적인 서비스뿐만 아니라, 양방향 광고, IPTV 민원발급 및 IPTV 공공서비스 제공 등 다양한 응용서비스의 개발 및 활성화를 기대하였다. 또한 IPTV를 통해 유료방송의 경쟁을 촉진시키고 케이블TV의 디지털 전환을 촉진시킴으로써 시청자들의 복지를 향상시킨다는 취지도 함께 있었다. 정량적으로는 IPTV가입자가 2012년에 이르러 보수적으로 290만가구, 낙관적으로는 450만 가구에 이를 것으로 예상하였으며, 관련 시장규모도 동년도에 약 7,515억원에 이를 것으로 전망하였다. 하지만, 2011년 말이 이미 450만 가입자를 돌파하고 2012년 8월 500만 가입자를 유치하면서 IPTV 서비스는 본격적인 mass market을 형성해 나가고 있다. IPTV 시장이 확대해 나가면서 유료방송 가입가구 수도 증가하였는데, 도입당시인 2008년 말 1,740만 가구가 유료방송에 가입하여 104%의 보급률을 보였으나 2011년 6월말 현재 가구수 대비 유료방송 가입자구수는 127%로 증가하였다. 이렇게 IPTV서비스 시장이 확대되고는 있으나, 정부의 신규 서비스에 대한 과도한 요금규제, IPTV와 경쟁하는 케이블방송사(SO) 계열의 콘텐츠 사업자(CP)들의 방송채널 공급거절 및 지상파 방송사의 과도한 재전송 대가, 전국 권역사업자인 IPTV에 대한 권역별 가입자점유율 규제, IPTV의 차별성으로 내세웠던 T-Commerce 및 양방향 광고에 대한 규제는 앞으로 개선해 내가야할 과제이다. 이에 본고는 IPTV의 시장성과를 조망하고, 시장의 지속성장을 위해 필요한 제도개선 방향을 살펴보았다.

• Information and Communications Magazine
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• v.26 no.1
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• pp.11-15
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• 2009

지난 2008. 2월 정부조직 개편에 따라 방송통신위원회가 출범함으로써 디지털 융합환경에 능동적으로 대응할 수 있는 제도적 기반이 마련되었다. 신설된 방송통신위원회는 공공성과 산업성을 조화시켜 "품격있고 활기찬 커뮤니케이션 일류국가"를 구현하는 것을 비전으로 삼고 있다. 2009년에는 전반적인 경기침체 속에 방송통신 서비스 및 기기 분야도 예년에 비해 저성장이 예상되고 있어, 경제 살리기 차원에서 고용효과가 높고 경제적 파급효과가 큰 방송통신 서비스를 집중 육성할 계획이다. 우선 IPTV의 조기 산업화를 위해 네트워크 및 콘텐츠 투자확대, 공공분야 시범사업, 기술개발 등을 집중 추진하고 방송의 디지털전환에 대한 국민적 인지도를 획기적으로 향상 시키려고 한다. 나아가 수평적 규제체계로 나아가는 통합 사업법 준비에 본격 착수하고 다매체 다채널 시대에 적합한 방송통신 콘텐츠 활성화에도 노력을 경주할 것이다. 방송분야에서는 세계적 추세에 맞춘 규제 개혁이, 통신분야에서는 본원적 설비투자에 대한 투자활성화 유도가 핵심이다. 아울러 소중한 전파자원의 효율적 이용을 강화하고 방송통신망의 고도화도 계속 추진할 것이다. 끝으로 기술 발달과 산업 성장이 궁극적으로 이용자 복지 증진에 기여하도록 세심한 주의를 기울일 계획이다. 우리는 방송통신 융합 활성화에 유리한 물적 인프라와 인적 특성을 보유하고 있어 민관이 공동으로 노력한다면 다가오는 시대에도 방송통신 강국의 지위를 유지할 수 있을 것이다.

• Journal of Legislation Research
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• no.41
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• pp.401-434
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• 2011

The discussion on the adoption of the horizontal regulatory framework is underway to overcome the problems regarding the vertical regulatory framework resulting from a convergence of broadcasting and telecommunications services. Recently, however, the horizontal regulatory framework shows its limitation to regulate the ecosystem established mainly by Google and Apple. The existing horizontal regulatory framework does not fully reflect the characteristics of the two-sided market and the change in the competition structure in the broadcasting and telecommunications sector. What is important to note is that if the existing horizontal regulatory framework is simply applied to the ecosystem, a regulatory imbalance can be caused among ecosystems. The existing horizontal regulatory framework, which is subject to a value chain structure, categorizes business entities into either contents layer or transmission layer and applies the same regulation to all business entities in the same category. However, in the ecosystem, a keystone-player can be categorized into different layers depending on its strategy. Therefore, if the existing horizontal regulatory framework is applied as it is, the regulatory imbalance between keystone-players located in less regulated areas and keystone-players located in more regulated areas occurs resulting in a distortion of competition. There are two possible ways to establish a new regulatory framework to prevent the distortion of competition likely to be caused by the adoption of a horizontal regulatory system. First, a new ecosystem regulatory framework different from the existing one can be established. Second, the horizontal regulatory framework can be modified to reflect the ecosystem elements. The first approach is hard to adopt given the current situation as the approach requires the analysis of all broadcasting and telecommunications ecosystems including mobile and wired services; currently research and study on the competition conditions in the ecosystems is not enough. Therefore, this paper supports the second approach proposing a modified horizontal regulatory framework through the improvement of institutions and remedies suitable for accommodating the ecosystem elements. This paper intends to propose a way to regulate broadcasting and telecommunications ecosystems taking into consideration the ecosystem elements on top of the Telecommunications Business Act, Broadcasting Act, IPTV Act, the competition condition evaluation system of the Basic Act on Broadcasting and Telecommunications Development, and regulation on common carriers under the Telecommunications Business Act.

• Korean journal of communication and information
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• v.22
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• pp.77-106
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• 2003

As globalization of communication is going on and as the media have become increasingly central to the world economy, media policy matters have become the province of world economic organizations like the IMF and the WTO. The WTO service negotiation is focused primarily on the discriminatory and quantitative barriers associated with the trade of audiovisual services. Domestic measures such as subsidization, content regulation including quotas, and licensing requirements and restrictions on foreign ownership and control are at issues here. These measures have been successfully implemented by countries wishing to withstand competition from the American audiovisual industry. The debate about trade in audiovisual services is permeated by the unstated assumption that these programs are pure commodities whose production, distribution, exhibition and in turn, values are solely determined by the market forces. It is therefore presumed that liberalization of trade in audiovisual services will benefit all, serving cultural pluralism and diversity as well as economic efficiency. However, this assumption is not shared by developing countries, the recipients of U.S. television material. They argue audiovisual sector requires a social and cultural approach, since it plays a key role in the preservation of people's identity and social bonds. They claim that it is the each state's right to define its media policy and to implement it through the means it considers fit. These clashing views over the nature of the audiovisual material and the ways in which protect cultural pluralism and diversity do not confine to be the realm of theoretical debate. Each state's interest and motivation to protect its local industry and to have a competitive advantage in the international market is working in this battle. Consolidation with the countries like Australia, Canada, and EU nations, in favour of cultural exemption, seems to be the best policy for us. However, we are not entirely free from the WTO pressures, considering relation to the U. S. This study analyzes Korean Broadcasting Law compared with those of other OECD countries and tries to propose some strategical guidelines facing WTO service negotiation in the area of broadcasting.