31. Removal of Posts Containing Unlawful Information Case
representative body, and the present provisions are not in excessive
violation of the freedom of press given the following: 1) the information
with a content that commits an activity prohibited by the National
Security Act is “in itself an evidently illegal and socially harmful
expression,” 2) the present provisions do not impose criminal punishment
on those who wrote and circulated the information, but merely orders
removal of the information through request for correction, refusal to
handle certain information, etc., 3) service providers, etc. are held
criminally accountable only when they fail to implement the request for
correction by the Korea Communications Standards Commission and the
order of the Korea Communications Commission, 4) the present
provisions provide for the possibility of appeal and the opportunity of
statement, and 5) there is possibility for judicial review for further
examination.
3. Separation of Powers Principle
The order of the Korea Communications Commission to refuse,
suspend or restrict handling of information is an administrative action
that can be appealed by means of administrative litigation calling for
judicial review, and the action itself is not a court judgment or a judicial
action. This, therefore, is not against the principle of separation of
powers that vests judicial power in courts.
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