20. Case on the Unconstitutionality of the Enforcement Decree of
the Act on the Promotion of Newspapers, Etc. Prescribing
the Employment Requirements for an Online Newspaper
[2015Hun-Ma1206, 2016Hun-Ma277 (consolidated), October 27, 2016]
In this case, the Constitutional Court held that Article 2 Section 1
Item 1 Sub-Item (a), Sub-Items (c) and (d) of Article 4 Section 2 Item
3, and Article 2 of the Addenda of the ‘Enforcement Decree of the Act
on the Promotion of Newspapers, Etc.’, which prescribe that online
newspapers must have at least five regular employees consisting of
reporters and editors; and that they must submit documents to verify
compliance therewith, infringe upon the freedom of press of the
complainants, who are online newspaper enterprisers, and thus violate the
Constitution. The Court also held that the provision concerning online
newspapers in Item 2 of Article 2 and Article 9 Section 1 of the ‘Act
on the Promotion of Newspapers, Etc.’ which prescribe the definition
and require registration of online newspapers, do not violate the
Constitution.
Background of the Case
(1) Complainants 1 to 9 are online newspaper corporations. Complainants
10 to 18 are private owners of online newspapers. Complainant 19 is an
online newspaper reporters’ association. Complainants 20 to 52 are
executives or reporters working at online newspapers. Complainants 53
to 62 are online newspaper readers, and Complainant 63 and
Complainant ○○○ are preparing to launch online newspapers.
(2) The complainants filed a constitutional complaint, claiming that
Item 2 of Article 2 and Article 9 Section 1 of the ‘Act on the
Promotion of Newspapers, Etc.’, and Article 2 Section 1 Item 1 SubItem (a), Sub-Items (c) and (d) of Article 4 Section 2 Item 3 and Article
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