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‘Law’ as The Means of Restriction on Civic Engagement and Its Legal Issues

  • Civil Society and NGO
  • 2008, 6(2), pp.5~32
  • Publisher : The Third Sector Institute
  • Research Area : Social Science > Social Science in general > Other Social Science in general

하승수 1

1제주대학교

Candidate

ABSTRACT

In Korea, civic engagement has been under the excessive restrictions of Government. Despite of the Democratization, many laws have limited civic engagement. Assembly and Demonstration Act has restricted excessively freedom of gathering. The act has prohibited an out-of-door gathering at night. Political Parties Act and Public Official Election Act have restricted political participation. Outdoor Advertisement Control Act has restricted freedom of expression. Act on Promotion of Communications Network Utilization and Information Protection has restricted freedom of expression in cyberspace. Framework Act on Telecommunications has restricted freedom of expression in mobile communications. The prosecutory authorities prosecuted consumer's boycott concerning with "candle gathering" for the violation of Criminal Act. Recently Lee Myung-Bak Government tries to intensify restrictions on right to information, freedom of expression, freedom of gathering, etc. Civic engagement and political participation are under threat because of those attempts. In order to activate civic engagement, forward-looking changes in Korean legal system are necessary. Excessive restrictions on civil liberties should be abolished. The Government and the Court should be more tolerable to direct actions in civil society.

Citation status

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