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Crisis and Emergency Management: Theory and Praxis; CEM-TP

eISSN : 2671-5732 / pISSN : 2234-2214

JSCM, (2023)
pp.45~52

DOI : 10.14251/jscm.2023.2.45

- The Crisis of Right to Informational Self-Determination versus the Crisis of Social Safety -

Dongwook Cha

(Department of Public Administration, Dong-eui University, 176, Eomgwang-ro, Busanjin-gu, Busan, Korea)

The control of information about oneself has emerged as the most sensitive issue both personally and nationally in a digital information society. In the digital information society, the right to informational self-determination is very likely to emerge as a fundamental constitutional right to be the cornerstone of maintaining a free democratic system. As a guardian of constitutional rights, the Korean Constitutional Court has maintained an appropriate balance between guaranteeing the right to informational self-determination and social safety. This paper examines how the Constitutional Court allows restrictions on the right to informational self-determination by analyzing the details of the four-step review of the principle of prohibition of excessive restriction on cases of violation of the right to informational self-determination. Even if some flaws are often found in the process of the argumentation, the Constitutional Court's credit for properly balancing the right to informational self-determination and social safety as public interest should not be underestimated.

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