2003년도 언론관련판례로 살펴 본 ‘표현의 자유의 범위와 한계’

Critical Analysis of Cases related freedom of expression from Supreme Court and Constitutional Court of Korea in 2003

The extent of protection regarding freedom of expression is not clearly defined in korean constitutional law(Art. 21). In the past, in korea, the media law provided and judicial precedents ruled that freedom of broadcasting and in cyberspace should be regulated and protected at the least extent in an different way from print media for several reasons. In short, the different levels of protection between media have had persuasive reasoning power. But last year the Constitutional Court and Supreme Court confirmed in several cases that in the 21th century all the media have to protected under the freedom of speech clause in the korean constitutional law in spite of the media's specific characteristics. However the extent and ground of protection are not clear yet. All the type of speech and press relate to self-fulfillment and political procedures in the modern democratic societies with an informational values for individual intelligence and establishment of constitutional system. On thinking the constitutional guarantees to individuals the right of free expression which are essential and intrinsic values for all human beings and modern society is the ultimate objective of constitutional protection. As long as people can get diverse ideas through all kinds of media, the truth can be found. This paper is to review the cases related freedom of expression from Supreme Court and Constitutional Court of Korea in 2003. This article would be helpful to achieve the legal climate for enhance individual's freedom of expression.