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남북방송교류에 관한 헌법적 검토

남북방송교류에 관한 헌법적 검토 (Loan 1 times)

Material type
단행본
Personal Author
김현귀, 책임연구
Title Statement
남북방송교류에 관한 헌법적 검토 / 김현귀 책임연구
Publication, Distribution, etc
서울 :   헌법재판소 헌법재판연구원,   2018  
Physical Medium
v, 138 p. ; 27 cm
Series Statement
통일헌법연구 ;2018-D-1
General Note
부록수록  
Bibliography, Etc. Note
참고문헌: p. 90-97
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005 20181001104016
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008 181001s2018 ulk b 000c korYA
040 ▼a 211009 ▼c 211009 ▼d 211009
074 ▼k 33-9750040-000191-01
082 0 4 ▼a 342 ▼2 23
085 ▼a 342 ▼2 DDCK
090 ▼a 342 ▼b 2016z4 ▼c 2018.D.1
245 0 0 ▼a 남북방송교류에 관한 헌법적 검토 / ▼d 김현귀 책임연구
260 ▼a 서울 : ▼b 헌법재판소 헌법재판연구원, ▼c 2018
300 ▼a v, 138 p. ; ▼c 27 cm
440 0 0 ▼a 통일헌법연구 ; ▼v 2018-D-1
500 ▼a 부록수록
504 ▼a 참고문헌: p. 90-97
700 1 ▼a 김현귀, ▼e 책임연구 ▼0 AUTH(211009)27943
945 ▼a KLPA

Holdings Information

No. Location Call Number Accession No. Availability Due Date Make a Reservation Service
No. 1 Location Main Library/Law Library(Books/B1)/ Call Number 342 2016z4 2018.D.1 Accession No. 111797184 Availability Available Due Date Make a Reservation Service B M

Contents information

Table of Contents

Ⅰ. 서론 / 1
Ⅱ. 남북방송교류의 개념 / 3
1. 남북방송교류의 의의 ····························································································3
2. 남북교류협력법상 남북방송교류 ··········································································4
3. 방송관련법률에서 남북방송교류 ··········································································6
가. 구 방송법상 ‘남북방송교류’ ···········································································6
나. 방송통신발전 기본법상 ‘남북방송통신교류’ ··················································7
다. 남북방송교류와 남북방송통신교류 ·································································7
라. 행위로서 방송 개념 ························································································8
4. 남북방송교류의 주체 ····························································································9
가. 방송의 주체 ····································································································9
나. 방송법상 방송의 주체 ····················································································9
다. 남북방송교류의 주체로서 방송체계 ·····························································11
Ⅲ. 국가적 과제로서 평화통일과 남북방송교류 / 13
1. 국가적 과제로서 평화통일 ·················································································13
가. 헌법상 ‘통일’의 개념 ···················································································13
나. 국가목표규정으로서 헌법 제4조 ·································································14
다. “자유민주적 기본질서에 입각한” 평화통일 ·················································15
(1) 자유민주적 기본질서의 의미 ·································································15
(2) 헌법 제4조상 “자유민주적 기본질서”의 해석 ······································16
라. 소결 및 사견 ································································································18
2. 남북관계와 민족공동체 통일방안 ······································································19
가. 남북관계의 성격 ···························································································19
(1) 규범과 사실의 구별 ···············································································19
(2) 남북관계의 특수성 ·················································································19
(3) 북한의 이중적 지위 ···············································································20
(4) 남북관계의 잠정성 ·················································································22
나. 민족공동체 통일방안 ····················································································23
(1) 민족공동체 통일방안의 의의 ·································································23
(2) ‘민족공동체’의 의미 ··············································································25
(3) 사회공동체의 통합기능 ··········································································26
(4) 민족공동체라는 이름의 사회공동체 ······················································26
3. 평화통일과제에서 남북방송교류의 기능 ····························································28
가. 전형적인 대중매체로서 방송 ·······································································28
나. 대중의 개념 ··································································································29
다. 대중문화의 매체로서 방송 ···········································································30
(1) 문화산업으로서 방송 ·············································································30
(2) 대중문화와 문화산업 ·············································································31
라. 남북방송교류의 중요성 ················································································32
Ⅳ. 남북방송교류의 경험과 현실 / 35
1. 남북방송교류의 법적인 기초 ·············································································35
가. 남북합의서 ····································································································35
(1) 남북합의서의 의의와 법적 성격 ···························································35
(2) 남북관계발전법에 따른 합의서의 요건과 효력 ····································36
(3) 남북합의서의 체결 현황 ········································································37
나. 남북합의서에서 남북방송교류 ······································································39
(1) 남북기본합의서에서 남북방송교류 ························································39
(2) 남북기본합의서의 부속합의서에서 남북방송교류 ·································40
(3) 남북정상회담과 그 선언문의 검토 ························································41
다. 사회ㆍ문화교류의 일부로서 남북방송교류 ··················································43
2. 남북방송교류의 경험 ··························································································44
가. 2000년 남북정상회담 이전 남북방송교류 ··················································44
나. 2000년 남북정상회담 이후 남북방송교류 ··················································45
(1) 방송프로그램 교류 ·················································································45
(2) 취재ㆍ프로그램 제작 교류 ····································································46
(가) 방송프로그램 남북공동제작 ···························································46
(나) 남북공동제작 지원프로그램 ···························································48
(3) 남북 방송기술교류 ·················································································48
(가) 개성공단과 금강산 지역 위성방송망 구축 ····································48
(나) 방송설비 및 기술지원 ····································································49
(4) 스포츠 중계지원 등 ···············································································49
(5) 2010년 5.24 조치 이후 ·······································································49
다. 남북방송교류의 경험에 대한 평가 ······························································50
3. 남북방송교류의 현실적 한계와 발전 가능성 ····················································51
가. 남북방송교류의 단계 ····················································································51
나. 남북방송교류의 현실적 한계 ·······································································52
(1) 방송의 정치적 민감성 ···········································································52
(2) 북한의 방송체계 ····················································································53
다. 북한의 비공식적 커뮤니케이션의 발전과 남북방송통신교류의 가능성 ·····55
라. 남북방송교류 발전의 조건 ···········································································56
Ⅴ. 남북방송교류의 발전방향에 대한 헌법적 검토 / 58
1. 남북방송교류의 법적 문제 ·················································································58
가. 남북방송교류 주체의 자율성을 제한하는 법적인 문제 ······························58
(1) 남북교류협력법의 문제 ··········································································58
(2) 국가보안법의 문제 ·················································································59
나. 남북방송교류 주체의 자율성을 제한하는 법 현실 ·····································60
다. 판문점선언과 남북방송교류에 관한 헌법적 요청 ·······································61
2. 문화국가와 방송의 자유 ····················································································62
가. 문화국가 ·······································································································63
(1) 문화국가의 과제 ····················································································63
(2) 국가와 문화의 관계 ···············································································64
(3) 문화체계의 자율성 보장 ········································································66
나. 방송의 자유 보장 ·························································································68
(1) 방송의 자유 ···························································································68
(2) 자유방송제도 ··························································································68
(3) 방송산업과 방송의 자유 ········································································70
다. 방송체계의 자율성 보장 ··············································································71
(1) 방송편성의 자유 ····················································································71
(2) 방송의 자율성과 다양성 보장 ·······························································72
(3) 방송의 사회적 책임과 공익 ··································································74
라. 소결 : 문화국가원리와 방송의 자유에 입각한 남북방송교류 ····················76
3. 남북방송교류의 발전방향에 관한 제언 ·····························································77
가. 평화통일과제에 대한 고찰 ···········································································77
(1) 국가과제에 관한 의문들 ········································································77
(2) 국가와 사회의 관계변화 ········································································78
(3) 보장국가 ·································································································79
(4) 평화통일과제에서 국가의 기본적 임무 ·················································81
나. 남북방송교류에서 정부의 역할 ····································································81
(1) 남북방송교류에서 국가와 법의 바람직한 역할 ····································81
(2) 남북방송교류를 위한 ‘이익대표자’ 역할 ··············································82
(3) 남북방송교류를 위한 ‘이해조정자’ 역할 ··············································84
다. 남북방송교류의 방향 및 실천과제에 관한 사견 ·········································85
Ⅵ. 결론 / 88
❚참고문헌 ····································································································································90
❚부록 ············································································································································98

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