The Constitutional Court and Freedom of Expression

Abstract

The 1987 Constitution underscores the crucial role of courts in freedom-of-expression jurisprudence in connection with judicial independence and activism in a democratic Korea. This is especially the case with the growing impact of judicial review upon the broadened notion of freedom of expression as a constitutional right. On the premise that freedom of expression is firmly embedded in Koreaconstitutional law, this Article explores the question how the Constitutional Court has drawn the lines in reconciling individual rights to free expression with community interests since 1988. It first analyzes the textual framework on freedom of expression under the Constitution and then examines the defining decisions of the Constitutional Court on freedom of expression in Korea. The study concludes that the

Constitutional Court has contributed immeasurably to institutionalizing freedom of expression as a permanent fixture of Korean democracy, although it tends to be self-consciously restrained in invalidating

politically sensitive statutes.