and the right to hold opinions without interference,” and therefore, freedom of expression is
a fundamental right universally guaranteed in the international community.
Freedom of expression is indispensable for individuals to maintain their dignity and value
as human beings, pursue happiness, and realize popular sovereignty. It can be said to be a
basic element for the expression of individual personality and at the same time constitutes
the basic order of liberal democracy. In particular, the act of supporting or criticizing a
specific political power or expressing a critical opinion against the government is the core
guarantee area in a democratic society. The two incidents that took place in the second half
of 2022 are still being debated until the end of Dec., but as they are controversy related to the
fundamental order of Korean society, it is necessary to keep an eye on the trend until the
controversy has ended.
2) Unconstitutionality of Article 103(3) of the Public Official Election Act and
Freedom of Expression of Voters
A) The Constitutional Court’s Decision of Unconstitutionality of Article 103(3) of
the Public Official Election Act
The Constitutional Court held a total of 58 laws to be unconstitutional and unconstitutional
in 2022. There are 22 laws related to the Public Official Election Act among them.143) The
provisions of the law that were determined to be unconstitutional were mainly those that
restricted the posting of advertisements, installation of facilities, and assemblies and
gatherings in order to influence elections.
The “anti-campaign” was one of the items that were regulated according to the statutory
provisions that the Constitutional Court decided to be unconstitutional or constitutional
nonconformity. The anti-campaign refers to an action by a third party, other than the
candidate running for election, for the sole purpose of defeating a specific candidate without
the purpose of winning the election. The Supreme Court has seen that anti-campaigns can be
semantically distinguished from election campaigns, but in terms of behavior and effect,
143) See Case Statistics from the Webpage of the Constitutional Court
57
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات