• Title/Summary/Keyword: 자유언론

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Legal and Ethical Insight about Witch Hunt Issues on Online News and 'Pseudo Press' (온라인 매체상의 현대식 마녀사냥 이슈와 '유사언론 행위'간 법적·윤리적 논쟁에 대한 고찰)

  • Jeung, Woon Gap
    • The Journal of the Korea Contents Association
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    • v.18 no.7
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    • pp.1-9
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    • 2018
  • Present study investigated the crash phenomenon between freedom of press and pseudo press. For that researcher gathered online witch hunt cases from 2012 to 2017 and interpret with the logical basis of argument which needs to control pseudo press activity. On the other hand, present research arranged former studies about freedom of press and right of reputation and privacy as a counterpart that can be ethical debate. Futhermore, court case about right of small independent media where has less than 5 people also gathered. By Comparison of each ethical and legal basis, this study provide the insight which can inspire to think about real right of citizen and press.

A Study on the Freedom of the Press and the Remedy for Defamation (언론의 자유와 명예훼손 구제방법에 관한 연구)

  • Jeon, Chan-Hui;Ji, Yong-Soo
    • The Journal of the Korea Contents Association
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    • v.12 no.10
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    • pp.159-168
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    • 2012
  • Freedom of speech is indispensable in Democracy. It is a rink among government agencies. Mass media as institutionalized means which forms public opinion impacts quite a few to a society. Mass media as a life media in our daily lives has characteristics of speed and prompt report. It is difficult to measure the effect on a society. Mass media is a lifeline in democracy because it has freedom of opinion for seeing, listening, speaking, and criticizing about the people's right to know in an information society. Our Constitution also guarantees freedom of the press, information(peoples's right to know), report, the collection of news, and edition. Because an unnecessary thing about a privacy is reported by mass media, it can violate defamation. This study seeks to be unbiased in reporting and what the principles of the Constitution for minimizing an invasion of a person's privacy is. This study also seeks freedom of speech and the right to know. In case that a personal honor is invaded by a mass media and a publication, this study provides the Constitution basis, Criminal Law basis, and Civic Law basis for remedy violation. A report for apology on newspaper and by television was widely used as "a proper punishment for honor recovery in the past". The constitutional court had decided that including the report of apology for "a proper punishment of honor recovery" in the article 764 of the Civic Law as a reason of freedom of conscience and the violation of personal rights was against the Constitution. Therefore, this study examples what is a legal remedy in practical?, where is legal basis of special remedy in the Civic Law, and what is a method by the Press Arbitration Law compared with the examples of other countries. On the other hand, because a mass media may injure a person's honor and infringe a person's privacy, if the report is categorized as a malicious press, the true role which mass media has to do may not demonstrated. In conclusion, this study was to minimalize infringement of mass media to a person and to seek a realistic alternative of a legal remedy.

A Study of Locke's Concept of Freedom of Speech as Proprietorship (소유권적 언론자유에 대한 일고찰 : 로크의 사회계약론을 중심으로)

  • Moon, Jong-Dae
    • Korean journal of communication and information
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    • v.17
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    • pp.7-36
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    • 2001
  • This thesis discussed the nature of freedom of speech with emphasis on Locke's theory of social contract. First, I examined the nature of freedom of speech induced from Locke's social contract, and argued that the nature of Locke's freedom of speech exists on the self-ownership of humans. Secondly, I studied how Locke's right of self-ownership was related to the right of freedom of speech and how it is realized in civil society. I could analyze how freedom of speech was actualized with un-equality in the social relations. Thirdly, I investigated how locke's possessive freedom of speech was materialized in the market society. I tried to find out the nature of freedom of speech actualization in the capitalist market society. Finally, 1 studied to what extent the state of Locke could intervene the freedom of speech and reconsidered the meaning of locke's limit of natural risht in modern society. Conclusively, Locke's notion of Natural Right and Law of Nature have greatly influenced contemporary idea of free speech. His idea helps understand the position of liberal democratic speech. It also shows well the relation of freedom of speech and Natural Right and has helped us understand freedom of speech in terms of the position of the right of property.

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A Reconceptualization of Fairness in the Journalism: Focusing on the "Autonomy" (언론 공정성 개념의 재개념화: 언론의 자율성 논변을 중심으로)

  • Moon, Jong-Dae;Yoon, Young-Tae
    • Korean journal of communication and information
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    • v.27
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    • pp.93-122
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    • 2004
  • An examination of the previous works regarding the concept of "fairness" in the journalism revealed that the concept is widely used but remains inadequately defined. Furthermore, there is much less agreement about the characteristics defining "fairness" in the literature. Thus it has often caused disagreement among people who have different political perspectives in the judgment about any media coverage. I suggest a reconceptualization and extension of the construct "fairness" in order to reduce the ambiguity and conflicts in the judgment of fairness among people. Most importantly, drawing on the concept of "autonomy," I attempt to fill in the gap in the model of "fairness." According to the logic of "autonomy," the "fair" press can not exist without the freedom of the press. In other words, all external/internal constraints, which intrude on the freedom of the press, encroach the "fairness" of the press. Thus, the freedom of the press is necessary condition for the fairness in the journalism. However, the freedom of the press is not enough to realize the fairness in the journalism. It needs the sufficient rendition, which is the "autonomy" encompassing the ability of news organization, journalists, and audiences that they resist to any constraints against neutral value. Consequently, the emphasis on the "autonomy" which keeps neutral value perspectives will contribute to reshape the framework for evaluation of "fairness" in journalism.

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The Transformation of Alternative Public Sphere and its Motive in Korea (한국 대안적 공론장의 변화과정과 추동 요인에 대한 고찰)

  • Kim, Eun-Gyoo
    • Korean journal of communication and information
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    • v.33
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    • pp.87-114
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    • 2006
  • The concept of alternative sphere is terminologically various; resistance media, counter media, minjung media, grassroots media, underground media, alternative media, civic media, etc. Each terminology reflect the feature of times and the emphasis of advocator. This article explore the transformation of alternative public sphere and its motive in Korea. In a world, Korea's alternative public sphere has changed as following: resistance media and liberty media in 70', counter media and minjung media in 80', alternative media in 90', and alternative media and civic media in 2000'. The motive of transformation is basically the expansion of civil society and extension of social movement in Korea. As social movement's character has changed, the feature of alternative public sphere has also changed. Minjung movement played key role of social movement in 1980', the alternative public sphere characterized as minjung media or counter media which was based on working class consciousness. After this, According as civil movement have initiative of social movement, the character of alternative public sphere changed by alternative media and civic media. Besides, this article argue that the alternative public sphere of Korea has changed dialectically with social movement.

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Study on 'Idea of Journalism' and 'Practise' of Lee Yeung-Hi (리영희의 '언론사상'과 실천에 관한 연구)

  • Choi, Young-Mook
    • Korean journal of communication and information
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    • v.59
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    • pp.7-30
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    • 2012
  • Lee Yeung-Hi is one of the most influential intellectuals in the modern history of Korea. Lee Yeung-Hi was evaluated as "the Teacher of thought" or "Culprit of consciousness" over the past half century in Korea. At the core of Lee Young-Hi's philosophy and idea is humanism, freedom of express and social responsibility of intellectuals. Lee Yeung-Hi lived lifelong journalists, journalism professors. But the study of Lee Yeung-Hi's media activities and media practice, 'Idea of Journalism' are insufficient. This paper has deeply studied the 'Idea of journalism' and 'Writing of social practise' of professor Lee.

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The Juncture and Disjuncture of Journalism History and Journalism Philosophy Focusing on Liberalist Philosophy on Journalism (언론사: 역사와 철학의 만남과 어긋남 자유주의 언론철학을 중심으로)

  • Moon, Jong-Dae
    • Korean journal of communication and information
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    • v.73
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    • pp.35-55
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    • 2015
  • Act of journalism is act of social practice. Therefore, judgment on its rightness must be a prerequisite. That is why journalism requires philosophy. Barrenness of journalism philosophy promotes journalism to serve only as an instrument. No power and money should intrude the essential philosophy of journalism. Journalism must secure its own value. Remaining silent when its fundamental value is at risk is to negate one's own value of existence. It is self-denial. Social practice of journalism is assurance and realization of its essential value. Thus, it is historical. It is the juncture of journalism and history. Journalism without history leads to barrenness in philosophy. Without philosophy, journalism thus cannot uphold its historical mission. Journalism philosophy becomes a reality through the history. Concrete journalism philosophy shall come to light through historical reality. That is why conversation between journalism philosophy and journalism history is necessary. Thus, this research investigates how journalism philosophy formulates and reconstructs itself within journalism history. At the same time, this research thoroughly examines how journalism philosophy concretizes in journalism history, how historical subjects have practiced journalism and how all these have projected themselves in journalism history.

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The Influence of the Environmental Conditions, the Political Tendency and the Degree of Freedom during Performance on the Perception of Journalists on the Quality of the Press (뉴스생산 환경 및 조직과 기자의 정치적 성향, 업무 수행 자유도가 언론의 전문성, 공정성 인식에 미치는 영향 연구)

  • Hong, Ju-Hyun;Choi, SunYoung
    • The Journal of the Korea Contents Association
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    • v.17 no.5
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    • pp.209-220
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    • 2017
  • This study explores what are the factors which influence the perception of press professionalism and fairness of journalist in the process of their news production. This study focused on how the difference between mainstream media and online media, the political tendency and the degree of freedom during working effected on the judgement of the freedom of press based on the model of Shoemaker and Reese' hierarchical model. As a result, Research finding is as follows: First, online media journalist evaluated the fairness of press higher than offline media journalists. Second, the consistency of political tendency of offline media is different from online media. Online media journalists evaluated the fairness of the press higher than offline media journalists. Finally, the degree of freedom during performance is the most importance factor which affects the evaluation of press fairness. This study highlights the factors which influence the perception of journalists on the quality of the press based on the survey data which have conducted by Korean press foundation This study implicates how working environment is importance in journalist's writing as a journalist. The freedom of press is very important in the process of news production because the factors which influence the evaluation of the fairness and the professionalism of press reveals the quality of press.

The Characteristic of Media Consumer and Legal Principles for Consumer Movements Protection (언론소비자의 특성과 소비자운동의 보호법리 - 광고불매운동을 중심으로)

  • Lee, Seung-Sun
    • Korean journal of communication and information
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    • v.48
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    • pp.5-24
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    • 2009
  • This study is aimed to analyze the concept of media consumer and legal principles for consumer movements protection. Based on the concept and legal principles, this research is to review the characteristics of the advertisement boycott campaign. Article 124 of the Constitution prescribes that the state should guarantee the consumer protection movements. According to the Article 4 of the Framework Act on Consumer, consumers have the fundamental right to obtain proper compensation for damages sustained due to use of goods and etc. according to prompt and fair procedure. The type of boycott can be classified into two pattern on the basis of boycott's target or object. They are primary boycott and. secondary boycott. Consumer's boycott independent of primary or secondary, are under the protection of the consumer's right. Media consumers use scarce resources to satisfy their wants and needs to acquire news information and advertising information. Their resources are time and money. Therefore, ads boycott campaign or media boycott campaign is the primary boycott. Consumer's right should be guaranteed to the maximum. The Constitution and consumer protection law should protect the practice of consumer's right, especially consumer's boycott campaign.

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Legalization of Right to be Forgotten and Freedom of Press in the Digital Media Environment (디지털 미디어 환경에서 잊혀질 권리의 법제화와 언론의 자유)

  • Kim, Hyung-Il
    • Journal of Digital Convergence
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    • v.11 no.9
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    • pp.21-27
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    • 2013
  • With the advent of digital media environment, distribution way of information changes, legalization of the right to be forgotten is becoming increasingly necessary. However, too much emphasis on protection of personal information to hinder the development of the Internet industry and constitutional rights, including freedom of speech and right to know might be infringed. Thus, the scope of the right to be forgotten there is a need to clarify the rules. First, the rights of personal information can be divided into two. Right to be forgotten can be applied to the right to self-determination of personal information, but the right to self-determination information about social personality cannot be applied to. Second, in the digital media environment, old news article over the internet repeatedly distribution as the new damage is generating. Because old news article is a historical record, the right to be forgotten can not be applied. Thus, appropriate for digital media environment must find new ways.