and freedom of content of the press and publications, not the facilities
required for objectifying the above or the activities of enterprisers that
run press organizations. Rather than regulating the expressions or content
of the media - in other words areas that are essentially related to the
function of a newspaper - the Employment Provision and Verification
Provisions simply regulate the external factors required to engage in press
activities as an online newspaper. Furthermore, those that do not meet
these external conditions can always engage in a format of press activities
other than an online newspaper. Thus, the Employment Provision and
Verification Provisions do not directly restrict the freedom of press.
Online newspapers that do not meet the employment criteria of at least
five persons cannot register, and subsequently the complainants become
unable to perform the job they have chosen (as a journalist) in the
manner that they have determined (by publishing the news under the title
of an online newspaper). Thus, the Employment Provision and Verification
Provisions directly restrict the complainants’ freedom to perform their
occupational functions.
Therefore, the review of this case should center on whether the
freedom to perform occupational functions, not the freedom of press, has
been infringed.
2. Persons who wish to work as journalists can choose to be regulated
by law while enjoying the various benefits prescribed by the Newspaper
Act, as a registered online newspaper that has satisfied the personnel
requirements; or by choosing not to register as an online newspaper, can
give up the benefits enjoyed by a registered online newspaper and
instead, engage in a similar job while being free of certain obligations.
Therefore, it is hard to find that the complainants have been deprived of
the right to choose the above just because two regular employees have
been added to the workforce. Moreover, the Employment Provision and
Verification Provisions are the minimum necessary measures required to
guarantee the function of online newspapers. Although the reinforcement
of the registration conditions may somewhat restrict the freedom to
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