제3기 헌법재판소의 표현의 자유에 관한 판결성향 분석

The 3rd Constitutional Court began its activities on September 15, 2000, expired on September 14, 2006, and became a constitutional court in the period of leap that grew quantitatively and qualitatively. The outstanding feature of the 3rd Constitutional Court was that it was in charge of the president's impeachment prosecution case and the new administrative capital construction case. In particular, in relation to freedom of expression, the 3rd Constitutional Court made various decisions on mental freedom, including freedom of speech. The main decision regarding freedom of expression was the unconstitutional decision on the rating retention system of the Korea Film Ratings Commission, unconstitutional decisions on the Telecommunications Business Law, which banned ‘non-communication’, bans on meetings near diplomatic institutions, harmful media cases, and newspaper law cases. The 3rd Constitutional Court made a meaningful decision to contribute to the expansion of freedom of expression through the Constitutional Court's decision on movies, computer communication networks, harmful youth media, and Internet information. According to the 3rd Constitutional Court's analysis of the judicial inclination, it showed the stance of judicial activism and judicial progressivism to change the existing law and order by judging classification suspension system, foreign video recommendation system and Internet disturbing communication cases unconstitutional. On the other hand, in cases of harmful media for youth and prohibition of assembly near the court, it can be said that the court showed the tendency of judicial passivism to judge to respect the legislature's decision.