Go to contents

Dong-a Has Right to Present Petition to Constitutional Court

Dong-a Has Right to Present Petition to Constitutional Court

Posted September. 26, 2003 23:15,   

Park Yong-sang, a director of the Constitutional Court of Korea, said Friday during the parliamentary audit session held at the judiciary committee that Chong Wa Dae’s move to refuse any request of the Dong-a daily’s report constitutes a violation of the Constitution.

Grand National Party lawmaker Shim Kyu-chul asked him during the on-going audit session about whether Chong Wa Dae`s refusal to respond to any Dong-a daily’s question over suspicious real estate transactions involving First Lady Kwan Yang-sook can be an infringement on people’s basic right by exercising government’s authority. In response, director Park said that Chong Wa Dae`s reaction can be a constitutional issue.

˝Not only legal activities but also actual action can be constitutional issue, and, therefore, the newspaper company can present an appeal to the constitutional court,˝ he said.

According to the Constitutional court law, when individuals and organizations whose fundamental rights, such as the freedom of speech, are violated due to improper use of the government’s authority, they are entitled to submit a petition to the constitutional court.

As a result, the constitutional court’s director Park’s interpretation of Chong Wa Dae`s refusal to the Dong-a daily’s new coverage actually backed up the claim that the Dong-a daily’s freedom of speech guaranteed by the constitution was denied.

In addition, lawyer Lee Seok-yon, a former secretary general of the Citizen`s Coalition for Economic Justice, Friday echoed director Park’s remark by saying, ˝The Dong-a daily can present an appeal to the Constitutional Court for Chong Wa Dae’s recent move against the company.˝

˝Refusal of any request related to the newspaper company’s report continues an actual action of authority, leading to a violation of the freedom of speech to feed people’s right to know by producing news.˝



Myoung-Gun Lee gun43@donga.com