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A Constitutional Study on the Bridging Digital Divide - Necessity and Policy for Bridging Digital Divide in View of Social State Prinzip-

  • Public Land Law Review
  • Abbr : KPLLR
  • 2009, 44(), pp.475-498
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Hong, Seokhan 1

1목포대학교

Accredited

ABSTRACT

This study deals with the Digital Divide from Consitutional point of view. Especially, on the basis of the Social State Principle, this study includes analysis of the Consitutional ground to bridge the Digital Divide, the scope of the responsibility of a State and appropriate method to do. The Social State Principle in Consitution, is founded on social justice, social safety and unification and peace of national community. However, in the Information Society making information and information technology essential for personal and social life, the Digital Divide deprives people of all prior conditions to exercise fundamental rights. Furthermore, it does not mean just a gap of the information possession, causes a vicious circle of social inequality and has the possibility to lead into a social conflict. Therefore, bridging of the Digital Divide should be included in Social State's affairs. On the other hand, when the Social State Principle is realized by State or the legislature, there are some limits to be considered. The State must give a preference to market system and autonomous function and seriously consider the financial pressure. Actually, modern states are faced with financial crisis and criticized with inefficiency of their activities. All things considered, for the States trying to bridge the Digital Divide, it is necessary to closely cooperate with private sector. The Social State's responsibility to bridge the Digital Divide includes ensuring of access to information and using the information technology. The former needs IT infrastructure and supply of computers, the latter requires ICT training programs, developing special accommodations for the handicapped and supply of useful contents. States should frame and carry out policies to cooperate with private sector for the affairs. However, even though it may be entrusted to private sector to perform the affairs, the State must guarantee that the affairs shall be carried out.

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