2010년 언론관계 판례의 동향

초록

Generally speaking, a legal system is understood as a concept comprehending all legal tools, for examples, statutes, courts' decisions, legal policies, regulating legal phenomena. By the way, this legal system can't be estranged from society phenomena on which it is based. In terms of this aspect, as a title '2010 Case Trends in Media Law', to arrange and analyze the important media law cases which were rendered by the Korean courts in 2010 is a meaningful approach for observing the phenomena of the Korean society in relation to media. Besides, it will be one of approaches to understand the degree and status quo of rule of law in the sector of media. In this study, I tried to explain and evaluate 1 case related to broadcasting, 1 case related to obscenity, 3 cases related to defamation, 1 case related to right to know, 5 cases related to the Internet. Among these cases, on the one hand there are cases which maintain the courts' established stances and jurisprudence, on the other hand there are cases which develop new jurisprudence or try to translate newly to correspond to new phenomena. In terms of these aspects, the rule of law in the sector of media is still alive and continuing to develop. Especially in the area of broadcasting, there are tasks to be done which problems and limitations the existing broadcasting-related legal system has, and henceforward to which direction this legal system has to be revised and designed newly. And in the area of the Internet, as a new media, we could know that new approaches and jurisprudence is being made continually. Generally speaking, a legal system is understood as a concept comprehending all legal tools, for examples, statutes, courts' decisions, legal policies, regulating legal phenomena. By the way, this legal system can't be estranged from society phenomena on which it is based. In terms of this aspect, as a title '2010 Case Trends in Media Law', to arrange and analyze the important media law cases which were rendered by the Korean courts in 2010 is a meaningful approach for observing the phenomena of the Korean society in relation to media. Besides, it will be one of approaches to understand the degree and status quo of rule of law in the sector of media. In this study, I tried to explain and evaluate 1 case related to broadcasting, 1 case related to obscenity, 3 cases related to defamation, 1 case related to right to know, 5 cases related to the Internet. Among these cases, on the one hand there are cases which maintain the courts' established stances and jurisprudence, on the other hand there are cases which develop new jurisprudence or try to translate newly to correspond to new phenomena. In terms of these aspects, the rule of law in the sector of media is still alive and continuing to develop. Especially in the area of broadcasting, there are tasks to be done which problems and limitations the existing broadcasting-related legal system has, and henceforward to which direction this legal system has to be revised and designed newly. And in the area of the Internet, as a new media, we could know that new approaches and jurisprudence is being made continually.

키워드