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Cardozo Journal of International and Comparative Law

Abstract

The article critiques the Korean Constitutional Court's decision that court-ordered apologies for defamation violate the freedom of conscience under the Korean Constitution. The author argues that this ruling is misplaced, as it should have focused on the chilling effect on freedom of the press rather than freedom of conscience. The analysis emphasizes the cultural significance of apologies in Korean society and questions the court's approach to constitutional review.

Disciplines

Law | Legal Remedies | Torts

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