Freelance photographer Jang Jin-young, who has been on trial for violating the Passport Act after traveling to Ukraine to cover the war without government authorization, has been found guilty by a trial court. On the 12th, the Goyang Branch of the Uijeongbu District Court fined Jang 5 million won and rejected his request that the court refer Article 17 of the Passport Act for constitutional review. We cannot but express regret over a ruling that infringes on freedom of the press.
Jang entered Ukraine on March 5, 2022, nine days after Russia invaded the country, becoming the first South Korean journalist to enter Ukraine to report from the scene. His photographs were published by outlets including SisaIN and Workers. However, he received a summary order imposing a fine of 5 million won for entering the country without government authorization. Jang requested a formal trial and asked the court to refer the constitutionality of the law for review. Article 17 of the Passport Act allows the foreign minister to prohibit travel to or residence in countries where war, civil unrest or similar conditions have occurred. Journalists seeking to enter such areas for reporting must obtain permission from the foreign minister. Because of this provision, South Korean media were unable to access Ukraine for nearly three weeks after the war began. The Foreign Ministry later allowed some media organizations to enter Ukraine, but imposed conditions including that journalists belong to media outlets accredited to the ministry, that each group contain no more than four people, and that visits last no longer than three days. Freelancers and independent media outlets were excluded.
Article 17 of the Passport Act, which was applied to Jang, raises serious concerns about compatibility with Article 21 of the Constitution, which prohibits licensing and censorship of the press and publications. Although the provision is intended to protect South Korean citizens, it has a strong element of administrative expediency aimed at avoiding government responsibility should an emergency occur. In 2023, the International Federation of Journalists issued a statement in solidarity with Jang, criticizing South Korea as “the only country in the world that operates a permit system for reporting from conflict zones.”
For South Korean media to fulfill their journalistic role of interpreting and reporting conflicts from an independent perspective, journalists must be free to report from the scene. This trial court ruling should be overturned on appeal. The National Assembly should also move to amend this harmful provision that restricts freedom of the press.
submitted by /u/-Trooper5745-
[link] [comments]
