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
of publishing an online newspaper to Presidential Decree, so as to
regulate online newspapers flexibly, in line with changing times and
technology. Meanwhile, the Newspaper Act, while guaranteeing the
independence and role of online newspapers, also prescribes regulations
on social responsibility, and online newspapers, unlike printed
newspapers, do not require standards for physical facilities. Given this, it
can be expected that the requirements for online newspapers prescribed
by Presidential Decree will be requirements for the personnel of online
newspapers. Therefore, the Definition Provision does not violate the rule
of clarity and the principle of the rule against blanket delegation.
2. By definition, ‘registration’ means to enter a certain legal fact or
legal relationship in a register managed by a specific registration agency;
the meaning of this definition is clear. Furthermore, we find it necessary
to regulate online newspapers in a flexible manner, in line with swift
technological changes and developments, while given the text of Item 2
of Article 2 of the Newspaper Act, it is fully predictable that the
Presidential Decree will include regulations on documents that verify
whether online newspapers satisfy the requirements of the “independent
production of news articles and continuous publication” when they apply
for registration. Therefore, the Registration Provision does not violate the
rule of clarity and the principle of the rule against blanket delegation.
The Registration Provision requires limited registration of peripheral
and objective facts of an online newspaper, such as the name of the
newspaper, and the personal information of the publisher and editor. The
Employment Provision and Verification Provisions prescribe that online
newspapers hire at least five reporters and editors in total, and that they
submit documents verifying such facts when they register. These
provisions aim to regulate and verify the human resource requirements of
online newspapers, and it is evident that they do not intend to control
the newspapers ahead of publication by reviewing and limiting their
content. Therefore, the Registration Provision does not violate the
principle of the prohibition of advance permit.
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