be formed, as the provisions of the Act on Complaint Processing or the
Petition Act, in such a way that permits identity verification that fits
specific purposes. Therefore, the Provision at Issue fails the least
restrictive means test.
Anonymous expression enables individuals to freely manifest and
disseminate their thoughts and ideas without succumbing to explicit or
implicit external influences, and makes it possible to criticize the State
authorities or the prevailing opinions of society. This, in turn, opens the
possibility for the views of politically and socially marginalized groups
to be considered in policy decision-making by the State. In this respect,
anonymous expression cannot be separated from the content of freedom
of expression. Further, anonymous expression on the internet forms
public opinion that is free from social class, status, age, and gender,
based on the speed and interactivity of internet communication. This
promotes a more equitable reflection of the will of the people and
contributes to the development of democracy. Considering the democratic
implications of freedom of anonymous expression, this freedom should
be even more strongly protected in public areas regulated by the
Provision at Issue than in areas that are not. However, under the
Provision at Issue, identity verification is a prerequisite for publishing
information on all message boards installed and operated by Public
Institutions. This fundamentally blocks the opportunity for those who
have not verified their identity to express themselves on message boards
operated by Public Institutions, and increases the likelihood that those
who wish to manifest their ideas or opinions on such boards will engage
in self-censorship regarding the content, tone, etc. of their expression. As
such, we cannot help but find that the Provision at Issue is an undue
limitation of freedom of anonymous expression. Thus, the Provision at
Issue fails the balance of interests test.
In conclusion, the Provision at Issue violates the rule against excessive
restriction, and thus, infringes the freedom of anonymous expression of
Complainant.
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