Earticle

초록

영어

Article No. 10 and 21 of the Korean Constitution respectively prescribe the personality rights and the freedom of journalism. Article10 of the Constitution says, "All citizens have dignity and values as a human being, and also have rights to pursue one's happiness." which acknowledges personality rights as the most important fundamental rights. Therefore the Constitution has large weight on matter of defining contents and limits of personality. On the other hand, not all the problems about personality rights will be solved by the Constitution. Whenever a conflicts is occurred between the fundamental rights, it is very important to harmonize the interpretation method of the Constitution in order to settle the problems.
Article No. 21 of the Korean Constitution guarantee that everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and so seek, receive and impart information and ideas through any media and regardless of frontiers. And the article 21(2) of the Constitution prohibits the preliminary censorship to journalism and the action, if any, is executed by the administrative authority as a precautionary measures prior to express one's thoughts and view to hold back the announcement in advance with a screening and sorting the details of the case, that is, a system to prohibit broadcasting without permission.
Therefore, the preparatory disposal of broadcasting prohibition based on the article on this case does not correspond to preliminary censorship. Moreover, like the petitioner's assertion regarded as seeking a limited unconstitutionality and even though allowing that the article in this case is including contents of the preparatory disposal of broadcasting prohibition, it can not be a restriction on the Freedom of Journalism to the extend that the preliminary censorship or the principle of the prohibition of excessive restriction. In addition the preparatory disposal of broadcasting by the article of this law does not necessarily mean the infringement of essential parts of freedom of journalism and limitation for the restriction of fundamental rights which is stipulated in article 37(2) of the Constitution, from which is being prescribed the principle of the prohibition of infringement for essential parts of the liberty and rights.
To support this conclusion, this paper examined comparative laws concerning the system for the Prior Prevention Petition Rights which is now widely supported in the foreign countries.
As said above, it is self evident that the Procedural Civil Law 714(2) came to a conclusion as a constitutionality case by the Constitutional Court of Korea.

목차

Ⅰ. 서론
 Ⅱ. 쟁점의 분석
  1. 인격권의 개념
  2. 언론보도의 자유와 인격권의 충돌
  3. 가처분에 의한 사전금지청구가 검열에 해당하는지 여부
 Ⅲ.기본권의 상충관계
  1. 기본권의 상충관계와 이익형량
  2. 기본권 충돌시의 해결기준 적용
 Ⅳ. 사전금지청구에 관한 비교법적 고찰
  1. 독일
  2. 프랑스
  3. 일본
  4. 영미법
  5. 스위스
 Ⅵ. 결론
 [참고문헌]
 

키워드

저자

• 이정휴 [ Jeong-Hyoo, Lee | 동국대학교 일반대학원 법학과 박사 수료(민사법 전공) ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  비교법연구 [The Journal of Comparative Law]

• 간기

  연3회

• pISSN

  1598-3285

• 수록기간

  2000~2026

• 십진분류

  KDC 360 DDC 340