대통령 전용기 탑승 배제조치에 대한 헌법소원

Abstract

As is generally known, the boarding in the presidential plane of the journalists of Munwha Breoadcasting Corporation(MBC) in case of Presidential State Visit in Southeast Asia Countries were recently rejected. MBC requested an adjudication on a Constitutional Complaint asserting that the freedom of Speech and equal rights of the claimant were infringed by the boarding exclusion action of Executive Office of the President. The legal requirements of the adjudication on a Constitutional Complaint could be met. MBC holds a qualification as a claimant. The boarding exclusion action of Executive Office of the President is a kind of powerful factual act. It belongs to an exercise of the governmental power which can be the subject of adjudication on a Constitutional Complaint. This Case has an interest of an adjudication even though the boarding exclusion action is finished and cannot be cancelled any more.
 On one hand, the freedom of Speech and equal rights of the claimant were infringed by the boarding exclusion action of Executive Office of the President. The action is unconstitutional because it violated the principles of proportionality and equality.
 In case of withdrawal of litigation, on the other hand, the Constitutional Court has to decide the unconstitutionality of the action by official authority, because the Case has an interest of an adjudication.