형사절차를 전제로 한 현행 추후보도청구 요건의 입법론적 개선방안: 행정처분에 대한 구제 사각지대 논의를 중심으로

초록

Article 17 of the Press Arbitration Law of South Korea stipulates the right to request the media to report subsequent notification when the criminal proceedings of a person who is reported to have been accused of a crime or have received criminal action are terminated in the form of innocence. However, because of the strict requirements that criminal proceedings must be initiated, the right to request for subsequent notification cannot be exercised unless the party has been subject to criminal proceedings. As a result, there is a risk of injustice that protects the personal rights of those who have been reported on minor charges thoroughly, but blocks remedy for those who have not received criminal charges even though administrative dispositions have been reported on serious charges. This study suggests the relaxation of the requirements for subsequent notification as a solution to the aforementioned problems. In other words, it is possible to request subsequent notification, even when the administrative disposition on the allegation is terminated in the form of invalidity confirmation or revocation judgment. If the above improvements are made, it is expected that the right to claim subsequent notification will be able to play a role more substantially in relieving the damages of personal rights caused by criminal reports with effect.

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