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 - 211 -

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