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. - 208 -

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