재판 방송 시 침해될 수 있는 권리들에 관한 고찰

Although trial broadcasting is being discussed in order to enhance judicial trust by securing transparency of the judicial system and to satisfy the right of the people to know, when trial broadcasting is conducted, the right to a fair trial, the privacy and the self-determination right about personal information of trial parties may be violated. However, there is no scientific basis for acknowledging whether the right to a fair trial of trial parties is limited by trial broadcasting. This was confirmed in the Chandler case of the Supreme Court of the United States and was also demonstrated by an experiment of American scholar Paul Lambert. Concerns that judicial information may be distorted through trial broadcasting can be resolved if the judiciary by itself shoots and broadcasts the whole trial process. However, if an actual trial is broadcasted without the consent of the trial parties, the privacy of trial parties exposed in the course of the hearing or evidence investigation may be disclosed and widely spread through broadcasting and the personal information of the trial parties is collected, used and provided against the will of them. In this way trial broadcast causes the limitation of the constitutional rights of trial parties. In order to minimize the damage of trial parties, while raising the trust of the judiciary through trial broadcasting, we need a device to protect the constitutional rights of the trial parties and have to limit the cases for trial broadcasts.