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 Daes move to refuse any request of the Dong-a dailys 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 dailys question over suspicious real estate transactions involving First Lady Kwan Yang-sook can be an infringement on peoples basic right by exercising governments 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 governments authority, they are entitled to submit a petition to the constitutional court.
As a result, the constitutional courts director Parks interpretation of Chong Wa Dae`s refusal to the Dong-a dailys new coverage actually backed up the claim that the Dong-a dailys 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 Parks remark by saying, ˝The Dong-a daily can present an appeal to the Constitutional Court for Chong Wa Daes recent move against the company.˝
˝Refusal of any request related to the newspaper companys report continues an actual action of authority, leading to a violation of the freedom of speech to feed peoples right to know by producing news.˝