선거운동기간 중 인터넷 실명제의 헌법적 고찰- 헌재 2015.7.30. 2012헌마734, 2013헌바338(병합)결정에 대한 비판적 검토 -

The Constitutional Court has judged constitutional amendments on online real name policies during the election period in 2015 (2012Heonma734, 2013Heonba338(combined)). Therefore, if the Internet media companies are allowed to post political information on the bulletin board of the internet homepage during the election campaign, they should take technical measures to confirm their real names and delete the posts without any indication of real name authentication. However, through the opinion manipulation case by Korea National Intelligence Service (It’s called NIS election-meddling scandal) and macro programs (It’s called ‘Druking’ scandal), It is confirmed that the implementation of the Internet real name policy could not prevent illegal election campaigns or manipulation of public opinion by a minority and it raised questions of whether it is useful implementation. It is doubtful that the verification of the real name has limited the freedom of expression of the people and raised only harmful consequences which can not prevent the distortion of public opinion by national organization or a minority. This paper critically examines the unconstitutionality of Internet real name policy during election period, which is a problem of fundamental rights violation such as freedom of political anonymity, freedom of speech, etc and finds alternatives that guarantee freedom of expression, seek freedom of political anonymity expression and also ensure fairness of election.