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선거방송심의제도의 헌법적 검토 : Constitutonal Review on Election Broadcasting Deliberation System
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- Authors
- Issue Date
- 2006
- Publisher
- 서울대학교 법학연구소
- Citation
- 법학, Vol.47 No.1, pp. 155-214
- Keywords
- 선거방송심의위원회 ; 언론중재위원회 ; Election ; Deliberation System ; Constitutional Review ; 공직선거법 ; Broadcasting
- Abstract
- Election broadcasting bears great significance in these days. We acquire
information about political opinion, campaign pledges and personal character of
candidates through election broadcasting. And we exercise our voting rights on
the base of these informations. In this aspect, election broadcasting should be the
stage where every participant expresses his opinion freely and fully and
expressed opinions go through verification. But the freedom of election
broadcasting should be restricted because of the fairness of election and
broadcasting. Of course, in its restricting the impartiality should be affirmative
and substantial one rather than superficial one. Because we ought seek fairness
among active expressions not in the passive silence.
With the increased impacts of broadcasting in the elections, the responsibility
of fair reports on the elections has been emphasized. As a result, the Election
Broadcasting Deliberation Commission was established as an independent
institution to monitor the fairness of election reports by the Act on Elections for
Public Offices and Prevention of Electoral Malpractices of 1997. But the
deliberation by Election Broadcasting Deliberation Commission has a chilling
effect on the freedom of election and broadcasting. Accordingly the system that
deliberate on the fairness of Election Broadcasting can raise a few constitutional
questions. it may be the best example of this whether the deliberation system
puts excessive restrictions on the freedom of election broadcasting or not. But
Election Broadcasting Deliberation System as not preliminary regulation can be...
- ISSN
- 1598-222X
- Language
- Korean
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