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The Principle of Constitutional Limits on Commercial Advertising

  • Public Land Law Review
  • Abbr : KPLLR
  • 2015, 69(), pp.381-402
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

KwonSoonHyun 1

1신라대학교

Accredited

ABSTRACT

Commercial advertising should also be protected by freedom of expression Commercial advertising are not to be protected on a par with general freedom of expression, see that it is appropriate for the protection of medium. I agree with respect to the direction for concluding that a decision by the Constitutional Court to exclude the application of the principle of prior censorship prohibited and a decision to apply the principle of excess ban by alleviate with respect to the recent commercial advertising. First, thinking about the principle of excess ban on commercial advertising is as follows: Because commercial advertising is also protected by freedom of expression and the object of the right to know, While the concept of the commercial is set to strictly narrowly, it is necessary to be applied to relieve the principle of excess ban. Next, stand on the principle of prior censorship prohibited of the commercial advertising is as follows: It is more reasonable to acknowledge exceptionally the principle of prior censorship prohibited rather than to prohibit absolutely On the basis of nature and primary purpose of the advertising media, nature of advertising object, impact of advertising and range of advertisement-accepted man, commercial advertising is one thing that is relevant to a certain extent of the public interest or the public interest (so-called public interest advertising), and another that is relevant to purely commercial profit (so-called commercial advertising). This criteria is required to classify commercial advertising. Relative to this classification, It is needed that the principle of prior censorship prohibited is applied to so-called public interest advertising but is not applied to so-called commercial advertising. While when in reality it is difficult to classify commercial advertising itself in this way, the concept of commercial advertising is strictly narrowly set, see that the way to mitigate the principle of prior censorship prohibited could be one way to solve rather than the way to exclude it.

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