Case on Real-Name Verification on the Internet During Periods
of Election Campaigns
[2018Hun-Ma456, 2020Hun-Ma406, 2018Hun-Ka16 (consolidated), January
28, 2021]
In this case, the Court declared that the following provisions of the
Public Official Election Acts violate both the right to anonymous free
speech and informational self-determination of users on bulletin boards,
etc. and the freedom of the press of internet news sites: the provision
requiring internet news sites to take technical measures to verify that a
person is using his/her real name if posting information concerning
his/her support for or opposition to political parties or candidates on the
bulletin board, etc. of an internet news site; the provision requiring the
Minister of the Interior and Safety and a credit information business
operator to manage the data on real-name verification results and, if
requested by the National Election Commission, to immediately furnish it
with the requested data; and, the provision imposing an administrative
fine for failing to take technical measures for real-name verification or
for failing to delete information which does not carry the real name
verification mark.
Background of the Case
Petitioner of Case No. 2018Hun-Ka16, who is a legal person running
an internet news site, was fined for failing to take technical measures to
verify a user’s real name, as provided by the Minister of the Interior and
Safety or a credit information business operator, where the user was
allowed to post information concerning his/her support for or opposition
to political parties or candidates on the bulletin board, etc. of its website
during election campaigns. While the case was pending, Petitioner
appealed the decision and filed a motion requesting constitutional review
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