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
reserved for online newspapers, when several legal measures already
exist to prevent the harmful consequences that may arise from inaccurate
reporting. In addition, there is no valid reason to protect the readers of
online newspapers more strongly than readers of other media.
Furthermore, it cannot be concluded that the falling quality of online
newspaper articles and the ensuing harms are caused by the lack of
reporters and editors working at online newspapers. In fact, such harms
derive from the distribution structure of online newspapers, which
depends on the search results of major web portals. Therefore, a more
fundamental solution to this issue would be to formulate measures that
enable online newspapers to escape from their dependence on web
portals, and find an independent distribution channel. Furthermore, taking
into account the rapidly changing web environment and technological
development, the diversification of media and demand for new or
alternative media, forcing online newspapers to employ a regular
workforce consisting of a certain number of reporters and editors is not
absolutely necessary for improving the credibility of online newspapers.
While the Employment Provision and Verification Provisions can
completely erase the chance for small online newspapers to function as
press, the effect of the legislative purpose, which is to enhance the
credibility of online newspapers, is questionable, meaning the balance of
interests is not satisfied. Therefore, the Employment Provision and the
Verification Provisions violate the rule against excessive restriction, and
infringe upon the freedom of press of the complainants.
As long as the Employment Provision is unconstitutional, the Addenda
Provision, which applies the Employment Provision to online newspaper
enterprisers already registered, requires no further examination to prove
that it violates the Constitution.
Summary of Dissenting Opinion of Two Justices on the Employment
Provision, Verification Provisions and Addenda Provision
1. The freedom of press guarantees the basic methods of expression
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