선거방송심의제도의 헌법적 검토

Abstract

Election broadcasting bears great significance in these days. We acquire information about political opinion, campaign pledges and personal character of candidates through election broadcasting. And we exercise our voting rights on the base of these informations. In this aspect, election broadcasting should be the stage where every participant expresses his opinion freely and fully and expressed opinions go through verification. But the freedom of election broadcasting should be restricted because of the fairness of election and broadcasting. Of course, in its restricting the impartiality should be affirmative and substantial one rather than superficial one. Because we ought seek fairness among active expressions not in the passive silence. With the increased impacts of broadcasting in the elections, the responsibility of fair reports on the elections has been emphasized. As a result, the Election Broadcasting Deliberation Commission was established as an independent institution to monitor the fairness of election reports by the Act on Elections for Public Offices and Prevention of Electoral Malpractices of 1997. But the deliberation by Election Broadcasting Deliberation Commission has a chilling effect on the freedom of election and broadcasting. Accordingly the system that deliberate on the fairness of Election Broadcasting can raise a few constitutional questions. it may be the best example of this whether the deliberation system puts excessive restrictions on the freedom of election broadcasting or not. But Election Broadcasting Deliberation System as not preliminary regulation can be justifiable in that the nation needs to effectively ensure the fairness of election broadcasting. Of course, it is necessary to continuously reform the system for protecting the freedom of election broadcasting to the maximum possible extent. This study drew some directions for reform of legal system relating to the election broadcasting deliberation. The suggested legislation revisions are as follows. First, the measure of apology to the public(Election Act §8-2⑤; Broadcasting Act §100①⒤) may be abolished. And the Election Act §256②(iii) should be revised because the criminal punishment by reason of the nonperformance of Election Broadcasting Deliberation Commission's decision is an excessive restriction on constitutional rights. In addition, for the prevention of external pressure it is necessary to reconsider the recommendation method of the Deliberation Commission. Finally we believe that it is proper to convert the Deliberation Commission into a permanent institution.