Case on Real-Name Verification on Internet During Periods of Election Campaigns
[2018Hun-Ma456, 2020Hun-Ma406, 2018Hun-Ka16 (consolidated), January 28, 2021]
* First Draft
In this case, the Court declared that the following provisions of the Public Official Election Acts violate
the anonymous free speech and the right to informational self-determination of users on bulletin boards,
etc. and the freedom of press of internet news sites: the provisions requiring internet news sites to take
technical measures to verify that a person, who posts information concerning his/her support for or
opposition to political parties or candidates on the bulletin board, etc. of an internet news site, is using
his/her real name; the provisions requiring the Minister of the Interior and Safety and a credit information
business operator to manage the data on real-name verification results and, if requested by the National
Election Commission, to immediately furnish it with the requested data; and the provisions imposing an
administrative fine for failing to take technical measures for the real-name verification or for failing to
delete the information which does not carry the real name verification mark.
Background of the Case
Petitioner of Case No. 2018Hun-Ka16, who is a legal person running an internet news site, was
imposed with a fine for failing to take technical measures to have a user’s real name verified in the
methods provided by the Minister of the Interior and Safety or a credit information business operator in
case where it allows him/her to post, during the periods of parliamentary and presidential election
campaigns, information concerning his/her support for or opposition to political parties or candidates on
the bulletin board, etc. of its website. Thereafter, Petitioner appealed the decision and lodged a motion
to request a constitutional review of the provisions of the Public Official Election Act under which the
fine was imposed while the case was pending. The requesting court, accepting the motion, requested a
constitutional review.
Complainants of Cases No.2018Hun-Ma456 and No.2020Hun-Ma406, who are voters and a legal
person operating an internet news site, filed a constitutional complaint, arguing that the provisions of the
Public Official Election Act, which require internet news sites to take technical measures to have a user’s
real name verified if the person posts information
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expressing support for or opposition to political parties or candidates on the bulletin board, etc. of their
websites during election campaign periods and to delete a posting on the bulletin board, chat room,
etc., thereof which contains information concerning a person’s support for or opposition to political
parties or candidates but does not carry the real name verification mark, infringe upon the fundamental
rights of Complainants.
Subject Matter of Review
The subject matter of this case is whether the following provisions of the Public Official Election Act
infringe upon fundamental rights of Petitioners and Complainants in violation of the Constitution: (1)
Article 82-6 Section 1 of former Public Official Election Act (Amended by No. 12844 on November 19,