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국제적 추세에 부응하여 우리나라도 1996년 아리랑TV가 개국되었고, 2003년에는 KBS월드TV가 출범하여 본격적인 해외방송 텔레비전 시대가 개막되었다. 하지만, 우리나라의 해외방송은 법적 개념의 부재, 운영주체의 법적 근거 미비, 재원조달과 소관부처의 분리, 이원화된 운영주체로 인한 기능 중복 및 공적재원의 낭비 등 제도적, 정책적, 기능적인 측면에서 다각적인 문제와 한계를 보여주고 있다.
이에, 본 연구는 현재 KBS와 국제방송교류재단이 각각 운영하고 있는 국내 해외방송의 이원화 구조를 개선하고, 법적 위상을 정비함으로써 해외방송 운영의 효율성을 제고함과 동시에 해외방송의 위상과 기능을 강화하기 위한 제도적 개선방안을 마련하고자 한다. 보다 구체적으로 본 연구는 아래와 같은 세 가지 연구목적을 지향한다.
첫째, 급변하는 국제정세와 미디어 환경변화에 조응하고 국가적 필요에 부합하는 국제방송의 개념, 범위 및 역할을 정립한다.
둘째, 국제방송의 공적 책무 및 효율적 운영을 제고하고, 법적 위상 및 기능을 강화하기 위한 공적기구의 신설과 운영에 관한 정책방안 및 법률적 개정사항을 제안한다.
셋째, 국제방송의 안정적이고 효율적인 운영과 체계적인 관리를 위한 소관부처, 재원, 채널운영 및 편성정책을 제안한다.
제 1 부 국내 해외방송 운영과 제도의 문제점 분석 및 정책적 개선방안 연구
요약문 ···························································································································ⅹⅲ
제 1 장 서 론 ··················································································································· 1
제 1 절 연구의 필요성 및 목적 ··················································································· 1
1. 연구의 필요성 ········································································································ 1
2. 연구의 목적 ············································································································ 4
제 2 장 국내 해외방송 제도 연혁 및 운영 현황 ····························································· 5
제 1 절 도입 및 법제도 연혁 ······················································································· 5
1. 도입 연혁 ··············································································································· 5
2. 법제도 연혁 ············································································································ 8
제 2 절 운영 현황 ······································································································ 16
1. KBS 해외방송 운영 현황 ····················································································· 16
2. 아리랑국제방송 운영 현황 ··················································································· 27
제 3 장 주요국 해외방송 운영 및 법제도 현황 ···························································· 35
제 1 절 미 국 ············································································································· 35
1. 운영 현황 ············································································································· 35
2. 법제도 현황 ·········································································································· 38
제 2 절 영 국 ············································································································· 44
1. 운영 현황 ············································································································· 44
2. 법제도 현황 ·········································································································· 46
제 3 절 프랑스 ············································································································ 51
1. 운영 현황 ············································································································· 51
2. 법제도 현황 ·········································································································· 54
제 4 절 일 본 ············································································································· 58
1. 운영 현황 ············································································································· 58
2. 법제도 현황 ·········································································································· 62
제 5 절 독 일 ············································································································· 66
1. 운영 현황 ············································································································· 66
2. 법제도 연혁 ·········································································································· 68
제 4 장 국내 해외방송의 법적 및 제도적 문제점 ························································· 71
제 1 절 해외방송에 관한 법령 미비 ·········································································· 71
1. 해외방송의 개념 ··································································································· 71
2. 해외방송의 설립 근거 ·························································································· 74
3. 해외방송의 운영 목적 및 기능 ············································································ 76
4. 해외방송의 운영재원 ···························································································· 78
제 2 절 이원화 해외방송 구조에 따른 비효율성 ······················································· 80
1. 해외방송 채널 간 기능 중복 및 상업화 ······························································ 80
2. 공적재원의 중복 집행 ·························································································· 83
제 3 절 체계적인 정책수립 및 관리감독 미흡 ··························································· 85
제 5 장 국제정세와 미디어 환경 변화에 부합하는 해외방송 제도개선 방안 ··············· 88
제 1 절 제도개선의 기본방향 ····················································································· 88
1. 기존 제도개선 방안 논의 고찰 ············································································ 88
2. 제도개선의 기본 방향 ························································································ 103
제 2 절 국제방송 제도개선 방안의 내용 ································································· 103
1. 국제방송의 개념, 대상 및 역할 ········································································· 103
2. KBS와 분리된 별도법인 형태의 KBS국제방송원 설립 ····································· 105
3. 방송법 개정을 통한 KBS국제방송원의 위상 및 기능 강화 ······························ 106
4. KBS국제방송원의 재원 및 거버넌스 구조 ························································ 108
5. 채널운영 및 편성정책 ························································································ 115
참고문헌 ······················································································································· 117
제 2 부 미디어 환경 변화에 따른 해외방송 효율화 법제정비 방안 연구
요약문 ·····························································································································ⅰ
제 1 장 서 론 ··············································································································· 123
제 1 절 연구의 목적 및 필요성 ··············································································· 123
제 2 절 연구의 주요 내용과 방법 ············································································ 123
제 2 장 해외방송법제 개요 및 문제점 ········································································ 125
제 1 절 개 요 ··········································································································· 125
제 2 절 해외방송의 개념 ·························································································· 125
1. 해외방송 개념에 대한 선행연구의 논의 ···························································· 126
2. 방송법상의 대외방송 및 사회교육방송 개념 ····················································· 127
3. 국제방송교류재단 정관상의 해외방송 개념 ······················································· 127
제 3 절 운영주체에 대한 법적 근거 ········································································ 128
1. 개 요 ·················································································································· 128
2. 한국방송공사에 대한 법적 근거 ········································································· 129
3. 국제방송교류재단에 대한 법적 근거 ·································································· 130
제 4 절 재원 조달에 대한 근거 규정 ······································································· 132
1. 현 황 ·················································································································· 132
2. 방송통신발전기금 ······························································································· 132
3. 수신료 ················································································································· 133
4. 보조금 ················································································································· 134
5. 국제방송교류재단 정관의 규정 ·········································································· 134
제 5 절 현행 해외방송관련 법제의 문제점 ······························································ 135
1. 공적 영역에서 해외방송을 포괄할 수 있는 법적 규정 미비 ····························· 135
2. 해외방송 운영에 대한 법적 근거 미비 ······························································ 136
제 3 장 주요 국가의 해외방송 법제 사례 연구 ·························································· 138
제 1 절 주요 국가의 해외방송 법제 개요 ································································ 138
제 2 절 독일의 DW설치법 ······················································································· 138
1. 법제 개요 ··········································································································· 138
2. 국제방송 현황 및 개요 ······················································································ 139
3. DW설치법의 주요 내용 ····················································································· 140
제 3 절 프랑스의 해외방송관련법령 ········································································ 147
1. 법제 개요 ··········································································································· 147
2. 국제방송 현황 및 개요 ······················································································ 148
3. 레오타르법 및 해외방송 시행령의 주요 내용 ···················································· 148
제 4 절 영국의 해외방송관련 규정 ·········································································· 154
1. 법제 개요 ··········································································································· 154
2. 국제방송 현황 및 개요 ······················································································ 155
3. 칙허장 및 약정서의 주요 내용 ·········································································· 155
제 5 절 일본 방송법의 해외방송관련 규정 ······························································ 165
1. 법제 개요 ··········································································································· 165
2. 국제방송 현황 및 개요 ······················································································ 166
3. 일본방송법의 주요 내용 ····················································································· 169
제 6 절 미국 국제방송법의 해외방송 관련 규정 ····················································· 180
1. 법제 개요 ··········································································································· 180
2. 국제방송 현황 및 개요 ······················································································ 181
3. 미국 국제방송법의 주요 내용 ············································································ 182
제 7 절 주요 국가의 해외방송 법제의 시사점 ························································· 185
1. 주요 국가의 공적 영역에서의 해외방송 관련 법제 형태 ·································· 185
2. 해외방송 대상에 관한 법제 ··············································································· 186
3. 기관 운영에 관한 법제 ······················································································ 187
4. 별도의 법인에 대한 설립 근거 규정 ·································································· 187
제 4 장 해외방송 법제 정비 방안 검토 ······································································· 188
제 1 절 개 요 ··········································································································· 188
제 2 절 공적 영역에서의 해외방송에 대한 정의 규정 검토 ···································· 188
1. ‘국제방송’의 정의 규정 마련 필요성 검토 ························································· 188
2. 공적 영역에서의 해외방송에 대한 명칭으로 ‘국제방송’ ···································· 189
3. 방송대상 ············································································································· 190
4. 방송 목적 및 내용 ····························································································· 190
5. 정의 규정으로의 신설 필요성 ············································································ 191
제 3 절 수행기구의 일원화 관련 검토 ····································································· 192
1. 개 요 ·················································································································· 192
2. 현재 KBS 및 국제방송교류재단의 법적 성격 ··················································· 192
3. 수행기구 일원화 방안 ························································································ 199
4. 적절한 대안의 도출 ···························································································· 201
5. KBS와 연계된 비영리 특수법인으로의 통합안의 구체적 검토 ························· 202
제 4 절 수행기구의 운영에 관한 규정 검토 ···························································· 204
1. 국제방송 운영에 관한 정부 협의체 구성 검토 ·················································· 204
2. KBS와 KBS국제방송원간 협정 체결에 관한 규정 ············································ 205
3. KBS국제방송원 재원에 관한 규정 ····································································· 206
4. 기타 KBS국제방송원의 이사회 구성 등 운영에 관한 규정 ······························ 206
제 5 절 수행기구의 조정과 관련된 규정 검토 ························································· 207
1. 검토의 필요성 ···································································································· 207
2. 재단법인 해산에 관한 규정 검토 ······································································· 207
제 5 장 관련 법령의 개정안 제안 ··············································································· 213
1. 국제방송 정의 규정 신설 ··················································································· 213
2. KBS국제방송원 설립 근거 규정 마련 ······························································· 213
3. 국제방송 정책에 관한 협의체 구성 ··································································· 214
4. KBS국제방송원과 KBS간의 협약 체결에 관한 사항 ········································ 216
5. 국제방송 수행을 위한 재원에 관한 규정 ··························································· 217
6. 조직 통합을 위한 부칙 규정 검토 ····································································· 218
참고문헌 ······················································································································· 220
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