
The Crisis of Right to Informational Self-Determination versus the Crisis of Social Safety
- 차동욱
- 위기관리 이론과 실천
- JSCM(Journal of Safety and Crisis Management)
- Vol.13 No.2
- 등재여부 : KCI등재
- 2023.02
- 45 - 52 (8 pages)
The control of information about oneself has emerged as the most sensitive issue both personally and nationally in a digital information society. In the digital information society, the right to informational self-determination is very likely to emerge as a fundamental constitutional right to be the cornerstone of maintaining a free democratic system. As a guardian of constitutional rights, the Korean Constitutional Court has maintained an appropriate balance between guaranteeing the right to informational self-determination and social safety. This paper examines how the Constitutional Court allows restrictions on the right to informational self-determination by analyzing the details of the four-step review of the principle of prohibition of excessive restriction on cases of violation of the right to informational self-determination. Even if some flaws are often found in the process of the argumentation, the Constitutional Court's credit for properly balancing the right to informational self-determination and social safety as public interest should not be underestimated.
Introduction
Meaning and Constitutional Basis of the Right to Informational Self-Determination
Argumentation Structure of the Principle of Excessive Restriction in Assessing the Scope of the Right to Informational Self-Determination
Cases in favor of Right to Informational Self-Determination
Cases in Favor of Social Safety
Conclusion
References