of the provisions of the Public Official Election Act under which the
fine was imposed. The requesting court accepted the motion and
requested constitutional review.
Complainants of Cases No. 2018Hun-Ma456 and No. 2020Hun-Ma406,
who are voters and legal persons operating internet news sites, both filed
constitutional complaints, arguing that the provisions of the Public
Official Election Act infringe upon their fundamental rights. These
provisions require internet news sites to take technical measures to verify
a user’s real name if the person posts information expressing support for
or opposition to political parties or candidates on the bulletin board, etc.
of their websites during election campaign periods and to delete such
postings if they do not carry the real name verification mark.
Subject Matter of Review
The subject matter of this case is whether the following provisions of
the Public Official Election Act infringe upon the fundamental rights of
Petitioners and Complainants in violation of the Constitution: (1) Article
82-6, Section (1) of former Public Official Election Act (amended by
No. 12844 on November 19, 2014 and before amended by Act No.
14839 on July 26, 2017), Article 82-6, Section (1) of former Public
Official Election Act (amended by No. 14839 on July 26, 2017 and
before amended by Act. 16957 on February 4, 2020), Article 82-6,
Section (1) of Public Official Election Act (amended by No. 16957 on
February 4, 2020) and Article 82-6, Sections (4), (6), and (7) of Public
Official Election Act (amended by Act No. 9974 on January 25, 2010)
(hereinafter referred to as the “Provision on Real-Name Verification”);
(2) Article 82-6, Section (3) of former Public Official Election Act
(amended by No. 14839 on July 26, 2017 and before amended by Act
No.16957 on February 4, 2020) and Article 82-6, Section (3) of Public
Official Election Act (amended by Act No. 16957 on February 4, 2020)
(hereinafter referred to as the “Provision on Managing Real-Name
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