방송의 자유와 통신비밀의 보호: 안기부 X파일 사건을 중심으로
A Study upon Freedom of Broadcastingand Protection of Communication Secret
이민영
초록
[ABSTRACT] A Study upon Freedom of Broadcasting and Protection of Communication Secret Lee, Min-Yeong Freedom of broadcasting is comprised in the freedom of speech and press which is the core of basic human rights, namely Grundrecht in german word. However, it has constitutional limits. On the other hand, it brings forward the problem how not to interpretate practical cases unconstitutionally, even though it deviates its limits. It is just when it infringes others' rights, while content of its expression is related to public interests. This paper is on one of those cases about ‘XFile scandal of KCIA(Korea Central Intelligence Agency)’ that lower courts have judged differently between the first instance and the second instance. In this case, the accused as journal reporter of broadcasting corporation disclosed to public the recorded conversational contents which had been intercepted by KCIA staffs. In this article, it is emphasized that freedom of broadcasting, which is systematic guarantee as well as subjective right, is accomplished as right of knowledge on the basis of principle of popular sovereignty. Furthermore, broadcasting corporation has gained permission as proxy on executing right of knowledge by public trusteeship from the viewpoint of administrative law. If so, broadcasting-report infringing communication secret should be estimated as legitimacy. Moreover if conversation content in this case is closely connected with matters threatening popular sovereignty, the legitimacy should be assured. Eventually, this case may not be comprehended only as human rights collision. By evaluating legislative system of broadcasting justly, it must reach the proper conclusion in accord with ideal spirit of constitution.