익명보도의 원칙의 판례법적 수용에 대한 비판적 고찰

초록

In May 2019, there were reports of four civilians kidnapped by Islamic militants and rescued by French forces. Korean media released the faces and names of the rescued French mans, but blurred the face of Korean woman and did not disclose her name, while overseas media reported without such anonymity. Paying attention to why this difference occurs on the same issue, this article analyzes the extent to which the freedom to report criminal facts by revealing the identity of the suspect or defendant is guaranteed in our legal system. Journalists have the freedom to tell the truth and the obligation to tell the truth, and the interests that directly conflict with such freedom are interests of personality such as the honor or privacy of the suspect and the defendant. Where is the reasonable legal balancing point between these conflicting interests, and can it be said that the current point is properly established? As a result of the analysis, it is evaluated that our legal system have an excessive advantage over interests of personality. As the Principle of Anonymous News Reporting, which was previously mentioned only as a media ethics, was fully accepted in the Supreme Court’s case in 1998, the practice of media reporting changed significantly as the legal balancing point tilted to protect the suspect’s personal interests rather than freedom of true reporting. After that, it seemed to find balance through the Supreme Court’s case in 2009, but as portrait rights, voice rights, and name rights were reborn as independent and strong rights, they were again focused on interests of personality. In addition to these legal problems, this article examined side effects that could not be predicted at the time of the argument or establishment of the Principle of Anonymous News Reporting. Through this, it was intended to provide an opportunity to seek a more reasonable balancing point by representing what is the principle and what is the exception between anonymous news reporting and real name news reporting.

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