According to the Article of the Constitution of the Republic of Korea, " All citizens shall enjoy freedom of speech and the press"
Freedom of expression is not only the fundamental condition of human dignity but also the indispensible element to keep...
According to the Article of the Constitution of the Republic of Korea, " All citizens shall enjoy freedom of speech and the press"
Freedom of expression is not only the fundamental condition of human dignity but also the indispensible element to keep democracy go.
The Constitutional Court was established in September 1988 by the current Constitution, which followed after people's successful movement for democracy in 1987. The Framers of the Constitution adopted, in addition to the Supreme Court, a new independently specialized court, based on the European Model, in order to fully protect the people's fundamental rights and effectively check the governmental powers.
From this view. How did Constitutional Court work for 10 years in the field of freedom of expression areas? It will be very important to check which decisions have made for 10 years to protect the right of speech and expression.
Constitutional Court has made a very positive decisions in the field of freedom of expression.
Firstly, it has made a decision about right to know, which declared as a part of freedom of expression.
Secondly, it admitted the constitutionality of the right to reply for preventing people's private life and honor from big mas-media groups.
Thirdly, it has confirmed the idea about limitations and regulations on freedom of expression such as, void for vagueness, the ban on prior restraints, less restrictive alternative test, clear and present danger test and preferred position doctrine.
Lastly, it has decided that censorship of movies, videoworks and musics is unconstitutional.
However, despite those brilliant decisions, we do have more decisions to get to improve our right to speak and express.
Moreover, a new media such as, internet has revolutionized communications and has evolved into a powerful arena for speech on a global scale. With its phenomenal growth and increasing influence, the 2002, congress has decided that the Article 53 of the Electro communication service Act was unconstitutional which means the freedom of expression on the internet has to have more areas to protect.
We do expect more positive decisions of constitutional court to speak and express our thought freely.