TY - JOUR PY - 2023// TI - The crisis of right to informational self-determination versus the crisis of social safety JO - Journal of safety and crisis management A1 - Crisis and Emergency Management: Theory and Praxis, A1 - Cha, Dongwook SP - 45 EP - 52 VL - 13 IS - 2 N2 - The control of information about oneself has emerged as the most sensitive issue both personally and nationally in a digital information society. In the digital information society, the right to informational self-determination is very likely to emerge as a fundamental constitutional right to be the cornerstone of maintaining a free democratic system. As a guardian of constitutional rights, the Korean Constitutional Court has maintained an appropriate balance between guaranteeing the right to informational self-determination and social safety. This paper examines how the Constitutional Court allows restrictions on the right to informational self-determination by analyzing the details of the four-step review of the principle of prohibition of excessive restriction on cases of violation of the right to informational self-determination. Even if some flaws are often found in the process of the argumentation, the Constitutional Court's credit for properly balancing the right to informational self-determination and social safety as public interest should not be underestimated.
Language: ko
LA - ko SN - 2671-5732 UR - http://dx.doi.org/10.14251/jscm.2023.2.45 ID - ref1 ER -