인터넷 選擧活動 制限과 表現의 自由에 대한 考察

Abstract

By issued a limited unconstitutional ruling to determine the constitutional court would violate public official election act article 93 paragraph 1 Internet campaign of central election commission, the internet campaign, in order of election activities there were many changes. It is not possible to see the full internet campaign is to be guaranteed that makes sense on judgment of the constitutional court, of “unconstitutional limit” is seen Internet freedom campaign will become the guarantee. Sometimes through the campaign, complain of support to tell their own information to voters candidate of election, it is possible to make the right decision on election time, voters, election activities of candidates for election for the appropriate election freedom of expression associated with is to be guaranteed. Anyone there is awareness social, because you have a feature that affects a lot of people who have been described with reference to a campaign that you created in the micro-blog is associated with the user to use the twitter and facebook, “the Internet analysis of freedom of expression” and election activities is required. Candidates election campaign through the internet, presents a commitment to the public, voters are as it may be when performing the election, and make the right decision. However, there is a limit to the guarantee of freedom of the internet campaign, for a fair election activities, illegal campaign activities but should be strictly limited. So, the direction of the internet campaign, the will of the people, only the act of the fairness of the campaign has been secured but may be reflection of the exact intention without distortion, election activities, guarantee unlimited range and method as opposed to being, within certain limits, political representation of the people, will be limited. Guarantee of freedom of election activity is placed in a conflict related to the restriction of freedom of expression political will of the people for the fairness of the election. By setting the limits of the restriction of political representation in order to ensure the fairness and security of the freedom of elections is important. The Internet, the structure of the new communication occurs in particular, aspects of the campaign are also changing. It is that it is necessary to discuss whether it can to ensure the "fairness and freedom of election activities”the campaign act of recipes. Currently, measures can be regulated election of Internet activity is not clear. The Internet campaign, fairness of information transfer is required fairness of the election activities so as to ensure as mediators of intention transmission. Therefore, if it is assumed that the recipient of a doctor making and representation the user to replace the direct intention on the internet, election commission, the contents of the internet campaign to the provisions of the “campaign through face-to-face contact” the attempt to provide regulation, if such as “campaign and through intention transfer”, it is desired to regulate the provision of a “campaign through the media.” The campaign through face-to-face contact with the public official election act on, have become more restrictive when it would be equally applicable to the Internet campaign this provision, likely to be excessively restricted the freedom of expression it is possible to have a question that is raised to a limited effectiveness as well as fairness of regulation. Sometimes the problem would be to apply a restriction that is not a good way to apply equally to the Internet campaign regulations campaign general be raised, strong resistance effectiveness and validity of the regulatory raised this is because there could be. Therefore, in view of the internet campaign characteristics, it is necessary to provide a reference for regulatory new and appropriate. And, in as constitutional guidelines for the discipline of the internet campaign, and to guarantee the freedom of the election campaign, the fairness of the election campaign must be able to secure together. So, mass media and traditional face-to-face contact, internet campaigning, that in consideration of the difference between the peculiarities of each, the basic rights of the media and voters and candidates for election to realize as much as possible to each other appropriate regulation is required in contact that can be.