정보헌법과 커뮤니케이션 분야의 쟁점

Abstract

The present constitution does not define ‘information rights’ or ‘informationbasic rights’ but acknowledges the above right as one of the basic rights thatare not explicitly defined in the constitution in the light of a regulation: ‘thepeople's freedom and rights shall not be neglected for the reason that they arenot enumerated in the constitution’. In 1987 the present constitution was first enacted but the advancement ofinformation society achieved today was not predicted. Thus the contents tosolve the various national issues owing to the information orientation of todaydid not exist in the constitution, which implies the necessity to review the possibilityof the establishment of harmonious normative system through the interpretationwithin the structure of an information society and how to structure thediscourses on information society if the constitution is amended. If the informationbasic rights are acknowledged, it is possible to categorize the legal relationshipof information life according to the characteristics of information activitiesunder the Clause 2 of the Article 37 of the Constitution so as to extract thecorresponding basic rights of people, and shape up the types of information basicrights. Whether or not to acknowledge the information rights by the amendmentof the constitution that expressly specifies the information rights or informationbasic rights as one of the basic rights of people is based on the agreement in the light of methodology and constitutional policies. Furthermorethe constitutional amendment has the possibility of defining the informationrights as one of the basic rights of people. Since the contents of information basicrights are abstract and extensive, which makes it difficult to explain the outlineso that it can have only single meaning. However the interpretation of informationbasis rights based on specific basic rights or a few of basic rights forthe interpretation of present constitution shall be prevented. With regard to theapproaches to the issues of an information society in the light of basic rights ofpeople, it is essential to address the constitution issues, which develop in conjunctionwith information, in an information society in an autonomous and integrativemanner rather than in a passive manner.