Case on Identity Verification System on Message Boards of
Public Institutions
[2019Hun-Ma654, December 22, 2022]
In this case, the Court held that Article 44-5, Section (1), Item 1 of
the Act on Promotion of Information and Communications Network
Utilization and Information Protection, Etc. does not infringe a
fundamental right of Complainant. The relevant clause provides that
Public Institutions that intend to install and operate a message board on
information and communications networks shall take necessary measures,
as prescribed by Presidential Decree, including preparation of methods
and procedures for verifying the identity of users of the message board.
Background of the Case
On June 19, 2019, Complainant intended to publish his opinions on
the “Korean National Human Rights Commission’s Free Discussion
Board,” “Seoul’s Dongjak District’s Free Message Board,” and other
online message boards of a public enterprise, quasi-government agency,
local government-invested public corporation, and local government
public corporation. However, he could not immediately publish his
opinions on the message boards because the operator of each message
board was taking measures to verify the identity of its users.
On June 21, 2019, Complainant filed the constitutional complaint in
this case, arguing that his fundamental rights were infringed by Article
44-5, Section (1), Item 1 of the Act on Promotion of Information and
Communications Network Utilization and Information Protection, Etc.,
which provides that a State agency, local government, public enterprise,
etc. that intend to install and operate a message board on information
and communications networks shall take necessary measures, as
prescribed by Presidential Decree, including preparation of methods and
procedures for verifying the identity of users of the message board.
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