고령층의 디지털 정보격차에 관한 헌법적 검토와 법제 개선 방향

This study confirms that the problem of the elderly who have difficulty collecting and utilizing information through digital devices is not just a personal inconvenience, but a fundamental human right under the Constitution, and discusses technical, social, and legislative measures to improve it. Today's information inequality among the elderly due to disparities in access to and use of digital devices, the so-called digital information divide, goes beyond mere unequal access to technology and leads to economic, social, and cultural inequality, which risks deepening social exclusion and discrimination of the elderly. Therefore, since the right to access information is an essential prerequisite of freedom of expression under our constitution, the right of older people to demand the closure of the digital divide should be recognized as a fundamental human right that can realize the principle of equality and the right to a dignified life under Articles 11 and 34 of the Constitution. This study analyzes the problems caused by the digital information gap among the elderly and suggests technical, social, and legal solutions to resolve them. In particular, it argues that the right of access to information as a fundamental human right includes not only the state's obligation to passively prevent infringement but also its obligation to actively support its realization, and that the right to remove information obstacles and the right to eliminate information gaps should be recognized for practical guarantees. It also examines technical and social measures, such as improving the accessibility of information for the elderly through universal design of digital devices, and points out that the current legal framework, such as the Basic Act on Intelligent Informationization, has limitations in addressing the digital divide among the elderly, and calls for more specific and effective legal improvements. In conclusion, it is argued that inequality in information access among the elderly is not just a personal inconvenience, but can lead to social discrimination and political and economic exclusion, and that a comprehensive and sustained policy response is needed to address it as a fulfillment of the state's constitutional obligation to realize fundamental rights. It emphasizes that an inclusive social environment where all members of the digital society can have equal opportunities and lead a dignified life can be built based on the guarantee of the right to information access.