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
2 of the Addenda of the Enforcement Decree of the Act on the
Promotion of Newspapers, Etc. infringe upon the fundamental rights of
the complainants.
Subject Matter of Review
The subject matter of review in this case is whether Item 2 of Article
2 of the ‘Act on the Promotion of Newspapers, Etc.’ (wholly amended
by Act No. 9785 on July 31, 2009) (hereinafter referred to as the
“Definition Provision”), the provision concerning online newspapers in
Article 9 Section 1 of the former ‘Act on the Promotion of Newspapers,
Etc.’ (wholly amended by Act No. 9785 on July 31, 2009, and before
amendment by Act No. 13968 on February 3, 2016; hereinafter
collectively referred to as the “Newspaper Act” regardless of its history
of amendment) (hereinafter referred to as the “Registration Provision”),
and Article 2 Section 1 Item 1 Sub-Item (a) (hereinafter referred to as
the “Employment Provision”), Sub-Items (c) and (d) of Article 4 Section
2 Item 3 (hereinafter referred to as the “Verification Provisions”) and
Article 2 of the Addenda (Presidential Decree No. 26626, November 11,
2015) (hereinafter referred to as the “Addenda Provision”) of the
‘Enforcement Decree of the Act on the Promotion of Newspapers, Etc.’
(amended by Presidential Decree No. 26626 on November 11, 2015;
hereinafter referred to as the “Enforcement Decree of the Newspaper
Act”) (hereinafter collectively referred to as the “Instant Provisions”),
infringe upon the fundamental rights of the complainants and are thus
unconstitutional.
Provisions at Issue
Act on the Promotion of Newspapers, Etc. (wholly amended by Act
No. 9785, July 31, 2009)
Article 2 (Definitions)
The terms used in this Act shall be defined as follows:
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