| Oral proceedings in the constitutional complaint against the Newspaper Law, protecting the freedom and function of the press, and the Press Arbitration Law on press damage arbitration will open early next month, according to the Constitutional Court yesterday.
The court said, “Oral arguments will be held with claimants, including Dong-A Ilbo, and claimees, including the Ministry of Culture and Tourism, present.”
A Constitutional Court insider said, “The petitions against the two laws are creating great interest among the public, and they are already being designated as important cases. One can expect the claimant and the claimee to make their oral proceedings in an open trial.”
During the oral proceedings, the two parties will express their opinions and present evidence in front of nine justices, including chief justice Yun young-chul.
Legal battles are expected on the constitutionality of the social responsibility of newspapers, the ban on newspaper ownership of broadcast media, regulations on dominant newspapers, and the Press Arbitration Commission’s right to recommend correction measures.
Dong-A Ilbo, reporter Cho Yong-woo of the society section of the daily, and reader Yoo Jae-cheon of the Hallym Academy of Sciences filed a petition against the Newspaper Law and the Press Arbitration Law with the Constitutional Court March 23 last year.
On the four articles, including Article 17 of the Newspaper Law that limits the market share of newspapers, and the Press Arbitration Law, the newspaper argued that “a public power is violating constitutionally guaranteed freedom of the press and publishing (Article 21, clause 1), freedom to choose one’s job (Article 15), and freedom to pursue economic activities (Article 119, clause 1).”
Yoo said, “As the Newspaper Law restricts the freedom of choice for newspaper readers, the law violates the constitutional right of decision (right to choose a newspaper) derived from the right to happiness (freedom of the press), Article 10, and the right to knowledge, Article 21, clause 1.”
Currently, the Constitutional Court is hearing the three cases about the two laws, and one petition case about violation of the constitution.
Lawyer Chung In-bong, the Environment and Construction Daily, and Chosun Ilbo filed a petition against the two laws, separately.
The department of the Seoul District Court in charge of press issues recommended on January 19 of this year that Article 14 Clause 2, Article 31, and Article 26 Clause 6 of the Press Arbitration Law, which the request from the National Intelligence Service was based on, be ruled unconstitutional.
Since 2000, the court has held oral proceedings on issues with large ripple effects in society, including a constitutional complaint on a special law regarding the 1948 uprising and massacre on the Jeju Island, a case about the hoju system, a system recognizing only males as heads of family, and the impeachment of President Roh Moo-hyun.
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