미디어 홀드백 법제화 논설: 발의 개정 법안과 해외 관련 법률 분석

초록

The Korean film industry, centered on movie theaters, is facing significant instability. The primary cause is the transformation of audience viewing habits driven by the expanding influence of global OTT platforms. Under these conditions, discussions on the legislative institutionalization of media holdback have emerged to guarantee the status of movie theaters as the exclusive primary market for cinema and to establish order in the secondary market. Media holdback legislation is being pursued in the form of amending the Promotion of the Motion Pictures and Video Products Act. By the first half of 2026, two amendment bills have been proposed. However, criticisms regarding unreasonable elements embedded in the current bills have emerged, and the film industry’s response remains largely negative. This study examines the blind spots of current media holdback-related legislation and analyzes comparable legal frameworks in France and Germany. The objective is to evaluate the necessity of holdback as a methodology for revitalizing the declining Korean film industry and strengthening audiences’ cultural participation rights, while contributing to more refined legislative implementation.

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