언론인의 양심 보호 조항을 통한편집권 독립 및 내적 언론자유의 재검토: 프랑스의 법제와 판례 연구

Freedom of the press is traditionally understood as an absence of interference by outside entities, such as government power, but recently it implies an absence of various pressures exerted from the inside. Bigger the news media enterprises, it becomes more and more important for journalists to have an autonomy inside the news organizations. The concept of inner freedom of the press and arguments around the editorial rights are such that we consider them as important institutional means to keep autonomy within the organization. In this research, I will put emphasis on the importance of setting up institutional and legal systems for journalists’ freedom of conscience, that are, I insist, essential premises for the freedom of the press. First of all, we will examine arguments around the freedom of the press in Korea and abroad, the inner freedom of the press, the independence of editorial rights and the establishment of editorial guidelines. We will then examine the issues about individual journalist’s freedom of conscience that recently became more and more important. Finally, French examples of journalists’ conscience clause, its possibilities and limits will be explored. This study aims to consider journalists’ freedom of conscience as not simply a concept confined to normative values, but questions related to actual institutional issues. We will propose various practical issues that are related to journalists’ legal status, and new regulations for the guarantee of journalist’s position. We hope that this research will contribute to advance discussions about journalists’ conscience clause at national and international level.