• Title/Summary/Keyword: 언론 공정성

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A Study on the Freedom of the Press and the Remedy for Defamation (언론의 자유와 명예훼손 구제방법에 관한 연구)

  • Jeon, Chan-Hui;Ji, Yong-Soo
    • The Journal of the Korea Contents Association
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    • v.12 no.10
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    • pp.159-168
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    • 2012
  • Freedom of speech is indispensable in Democracy. It is a rink among government agencies. Mass media as institutionalized means which forms public opinion impacts quite a few to a society. Mass media as a life media in our daily lives has characteristics of speed and prompt report. It is difficult to measure the effect on a society. Mass media is a lifeline in democracy because it has freedom of opinion for seeing, listening, speaking, and criticizing about the people's right to know in an information society. Our Constitution also guarantees freedom of the press, information(peoples's right to know), report, the collection of news, and edition. Because an unnecessary thing about a privacy is reported by mass media, it can violate defamation. This study seeks to be unbiased in reporting and what the principles of the Constitution for minimizing an invasion of a person's privacy is. This study also seeks freedom of speech and the right to know. In case that a personal honor is invaded by a mass media and a publication, this study provides the Constitution basis, Criminal Law basis, and Civic Law basis for remedy violation. A report for apology on newspaper and by television was widely used as "a proper punishment for honor recovery in the past". The constitutional court had decided that including the report of apology for "a proper punishment of honor recovery" in the article 764 of the Civic Law as a reason of freedom of conscience and the violation of personal rights was against the Constitution. Therefore, this study examples what is a legal remedy in practical?, where is legal basis of special remedy in the Civic Law, and what is a method by the Press Arbitration Law compared with the examples of other countries. On the other hand, because a mass media may injure a person's honor and infringe a person's privacy, if the report is categorized as a malicious press, the true role which mass media has to do may not demonstrated. In conclusion, this study was to minimalize infringement of mass media to a person and to seek a realistic alternative of a legal remedy.

The Change of Industrial Structure and Public Interest as to the Convergence of Broadcasting and Telecommunications (방송통신 융합에 따른 산업구조의 변화와 공익성)

  • Joo, Chung-Min
    • Korean journal of communication and information
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    • v.36
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    • pp.109-132
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    • 2006
  • It is difficult to found the concept of public interest properly, being ambiguous to distinguish media and service as to the convergence of broadcasting and telecommunications. Accordingly, it is necessary to found the concept of public interest not related to the character of media and service in the age of digital convergence. Therefore this study intended to re-found the concept of public interest, as to industrial changes in the age of convergence of broadcasting and telecommunications. The convergence of broadcasting and telecommunications causes the changes of value chain, which includes contents, platform, network, terminal. It could not help avoiding modifying the industrial structure of broadcasting and telecommunications, because of the changes of value chain. The changes of industrial structure needs the changes of ideology, regulatory policy, regulatory system, and it creates the foundation of new regulatory idea. The purpose of regulatory idea in the age of digital convergence is to practice public interest, and it is an ultimate purpose to increase consumers' welfare. Consequently, for increasing comsumer' welfare, it is necessary to achieve diversity, fairness, objectivity, the preservation of social value in the aspect of contents. Also in the aspect of platform, it is necessary to achieve the protection of privacy, consumer protection, harmful information blocking, and in the aspect of network, it is necessary to achieve the maintenance of secure network, fair competition. Finally, in the aspect of terminal, it is necessary to achieve the maintenance of compatibility, the solution for digital divide. Then regulatory policy of each value chain from a legal and institutional perspective, should be promoted to provide public interest, step by step.

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A Study on the Unfairness of the Comparative Labelling and Advertising Activities in the Judicial Precedents (부당한 비교표시.광고의 심결사례에 나타난 법리적 특성에 관한 연구)

  • Cho, Jae-Yung
    • Korean journal of communication and information
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    • v.39
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    • pp.428-472
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    • 2007
  • The purpose of this study is to find that how the principles of Fair Labelling and Advertising Act(called 'FLAA' hereinafter) apply to the unfair comparative labelling and advertising activities, as compared with deceptive and misleading, by analyzing the related judicial precedents for 7 years since FLAA enacted, The exact 17 precedents of Fair Trade Commission were analyzed to be judged the unfair comparative labelling and advertising activities, and partly also deceptive, falsified and exaggerated, which include in overlapping 5 comparative counterparts, 11 comparative standards, 7 comparative contents and 4 comparative methods in the unfairness types of comparison. Conclusively, it is needed that the unfairness of comparative labelling and advertising activities should be multiply considered in the concepts of deception, false or exaggeration and slanderousness, to more clearly apply to the facts and to more sufficiently protect consumers from the misleading environments.

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Media Role in the Transition and Consolidation Period of Democracy: A Comparative Study of Korea and Spain (민주주의의 이행 및 공고화 과정에서 미디어의 역할: 한국과 스페인의 비교)

  • Cho, Hang-Je
    • Korean journal of communication and information
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    • v.18
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    • pp.269-303
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    • 2002
  • This article presents a historical account of media role in the transition and consolidation period of democracy. Despite the assumption that media plays a important role in the construction of democracy, it is less clear how the media can affect the process of political change itself. This article seeks to answer some of these question, based on the Mill's macro-social comparative 'method of difference' of Korea and Spain. It is widely agreed that both states achieve democracy through transaction from above(pacts). Media role, however, differs significantly in accordance with authoritarian legacies and civic representativeness of the pacts. Whereas Korean dailies is deepening given market oligopoly and prior practices after democratization, Spain dailies market entirely changed in both structural and spiritual respects. As a result, Korean dailies substantially lacks in civic representativeness as before, contrary to Spain. Spain television settled a sort of the external pluralism. Korean television is pursuing the BBC type of internal pluralism. In Korea, television is more commercial than Spain. Consequently, Spain media serve the consolidation of democracy more than Korea on the whole.

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An Evaluation of Broadcaster Licensing Policy in Korea since 1990 (1990년 이후 방송사업자 인허가정책에 대한 평가)

  • Jung, In-Sook
    • Korean journal of communication and information
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    • v.18
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    • pp.199-229
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    • 2002
  • This study analyzed the trends of broadcaster licensing policy during 1990-2001 in Korea. It is to seek the answers about how the examination standards and procedures applied to broadcaster licensing has been changed for the last decade. For the purpose this study inquired six cases such as private broadcasting licence (1990 October), cable TV program provider licences(1993 July), cable TV system operator licences(1994 January), private local broadcaster licences(1994 July), satellite broadcaster licence(2000 December) and cable TV home shopping channel licences(2001 March). It examined the degree of specification and measurement of the standards based upon the government white paper; average points per item, average points per quantitative item, and average points per qualitative item etc. The government hadn't opened the standards and procedures how it licensed broadcasters until 1990 and the uncertain attitude brought distrust on the government broadcasting policy. The first white paper about broadcaster licensing was made in 1994 after cable TV broadcaster licensing was finished. The results indicated that Korean broadcasting licensing policy rapidly developed in the dimension of transparency from 'a secret room policy' to 'a sunshine policy' for the last decade. But it still needs improvement in the dimension of fairness of examination. Now one of the main distrust is the ratio that the one of qualitative examination standards are much more than the qualitative one.

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Studies for the Audiences' Welfare Effects from the Real Time Retransmission of Terrestrial TV Channels through the PayTV Networks (유료방송 매체를 통한 지상파채널 재전송의 후생효과 연구)

  • Byun, Sang-Kyu
    • Korean journal of communication and information
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    • v.48
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    • pp.63-89
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    • 2009
  • The contents provided by the terrestrial broadcasters have governed the market based on their excellent quality in Korea. In spite of the launching of various pay TV services focusing on multi-channel, it is not yet easy to find out the substitutionary pay TV channels for the terrestrial. Therefore, the real time retransmission of the terrestrial channels brings about the crucial effects on the pay TV's competency, especially on the new media as the invisible barrier. So it is frequently proposed to change the aim of the retransmission policy from the universal access to the promotion of media industries. The retransmission can be divided into two types as the must carry and retransmission consent. In Korean situation, keeping or reducing the must carry channel would be appropriate rather than expanding them. However, periodic investigation into the public effects of the must carry is necessary, instead of it. Moreover, the rational and fair monetary compensation for the commercial channels(MBC, SBS, KBS2) is arising as the bottle neck in the retransmission agreements between the broadcasters. The conjoint analysis was carried out to estimate the welfare growth from the retransmission, based on the stated preference from the audiences' point of view. For must carry channels, it was certified as the 'win-win' strategy for both sides and audiences. For the commercial channels, it is revealed to be beneficial to the audiences. Thereafter, the standards for the rational price were suggested to promote the retransmission. This can contribute for inspiring the dynamic vitality to the media industry by reinforcing the contents competencies and for establishing the long term growth strategies.

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The Effects of Voters' Perception of Television News Coverage of Election Poll Results on Political Participation Intention (텔레비전 선거 여론조사 보도의 영향에 대한 수용자 인식이 정치적 행동의향에 미치는 영향)

  • Kim, Hyun-Jung;Lee, Soo-Bum;Kim, Nam-Ie
    • Korean journal of communication and information
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    • v.62
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    • pp.159-178
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    • 2013
  • The current study examined the effects of the voters' perception of television news coverage of election poll results on their political participation intention. 700 voters participated in a telephone interview three weeks before the 2012 Korean presidential election. A structural equation modeling with the nationally representative sample was performed. The findings indicate the respondents were more likely to evaluate television news coverage of election poll results negatively when the news coverage presented that the candidate they supported was behind in the race, and the negative evaluation was linked to a greater third-person perception. The third-person perception, in turn, had an indirect effect on political participation intention through negative emotional responses. The results imply that voters' political position influences their perception of the television news coverage of election poll results, and this perception can have indirect effects on political participation.

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The Analysis of Korean Fair Trade Commission's Judgemental Cases of Cartels in Telecommunications and Media Industry (통신 및 미디어 산업에서의 카르텔에 대한 심결사례 연구 행정지도, 카르텔유형, 경쟁제한성 판단, 카르텔 제재를 중심으로)

  • Oh, Jeong-Ho
    • Korean journal of communication and information
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    • v.46
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    • pp.627-670
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    • 2009
  • This study analyzed Korean Fair Trade Commission's judgemental cases of cartels in telecommunications and media industry and presented the following results. First, cartels were formed frequently in multi-channel broadcasting industry, telecommunications industry, movie industry, and newspaper industry. In addition, price-fixing were observed in almost all subfield of telecommunications and media industry. Second, administrative guidance facilitated more opportunities for collusion in the telecommunications industry than in the media industry. Third, the telecommunications and media industry, similar to overall domestic industries, had a high proportion of hard-core cartels. Fourth, the depth of judgemental case in evaluating agreements among competitors was generally low, even though detail evaluations were found in the cases of large fines. Fifth, the overall level of sanctions was relatively low.

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A Study on the Property Values of News Articles and Copyright Infringement (보도기사의 재산권적 가치와 무단전재를 통한 저작권 침해에 관한 연구)

  • Kim, Gyong-Ho
    • Korean journal of communication and information
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    • v.39
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    • pp.324-354
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    • 2007
  • Facts, which constitute news, are as free as air. When they are transformed into news via labor and capital investment of a news organization, the news is deemed to have property values, and the media can claim exclusive rights over the news. The copyright law protects the originality of a work, the uniqueness of reporter's analysis, the selection of words, the arrangement of materials, and the emphasis given on particular points. The name of the game of copyright infringement lies in the infringement of the similarity of the method of expression, not the infringement of the subject. Even though news articles convey information by specifying factual elements of an event or accident, they still have some originality. The judgement that news articles lack of originality is inconsistent with the purpose of the copyright law. Therefore, the law should be amended to articulate that the unauthorized use of news articles without a proper citation shall be the subject of legal action, and courts should decide related cases accordingly.

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The Empirical Study on the Effects of Repurchase Intention on Airbnb: The Role of Emotions and Key Components of Airbnb (Airbnb 고객들의 재구매 의도에 관한 실증 연구: 감정과 Airbnb 특성 요인의 역할)

  • Kim, Byoungsoo;Kim, Daekil
    • Knowledge Management Research
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    • v.21 no.4
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    • pp.89-108
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    • 2020
  • This study investigates key factors influencing customers' repurchase intention in the context of Airbnb. Positive and negative emotions formed after customer's first-hand experience are identified as vital antecedents in determining consumer's repurchase intention. This study posits authentic experience, amenities, and price fairness as the key characteristics of Airbnb. It clarifies the role of subjective norms and trend-seeking tendency in repurchase decisions. The proposed research model was analyzed for 306 customers with experience in using Airbnb via structural equation model. The analysis results showed that both positive and negative emotions have a significant effect on customer's repurchase intention. The results clarified the role of Airbnb's characteristic components on repurchase decisions. Finally, subjective norms and trend-seeking tendency had no significant impact on customer's repurchase intention. The results of this study are expected to help establish effective strategies for customer experience and marketing to achieve sustainable growth of Airbnb.