선거방송심의제도의 헌법적 검토

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...