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A Study on the Freedom of Expression and the Right of Know in liberal democracy

  • Public Land Law Review
  • Abbr : KPLLR
  • 2005, 29(), pp.537-554
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Lee Young Woo 1

1목원대학교

Accredited

ABSTRACT

The modern democracy in substantial sense presupposes the people who are well-informed of every important issue of the day. Without the people's Right to know and Freedom of Expression, it is impossible to formulate a true public opinion and so called democratic process of decision making becomes the mere formalities.The People's Right to know is not only a right to get pluralistic information without unreasonable restraint but also a right to request public offering of information about public concern which has been of the constituent elements of sovereign state. In this thesis the conception of the freedom of expression is taken not as that of a natural law, but as of a substantial law. Accordingly, it is studied in relation with judcial precedents of korea and other countries on occasion of the conficts between the freedom of expression and other legal interests. I think that the standard of restristion needs to meet social responsibility of press to the People's Right to know and Freedom of Expression. The freedom of expression and People's Right to know should be practiced to the utmost under the protection of government. After all, it is a freedom of expression and People's Right to know that have to secure for advancing society in succession advancing to public welfare.(주제어) 알 권리(right to know), 정보수령권(right for information receipt), 정보수집권(right for information gathering), 취재원의 진술거부권(a statement veto of a source), 정보공개청구권(a claim for public information)

Citation status

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