박근혜 정부 출범 이후 표현의 자유 현황

• 영문명: Freedom of Expression in 2013
• 발행기관: 한국형사정책학회
• 저자명: 장주영(Chang, Chu-Young)
• 간행물 정보: 『형사정책』刑事政策 第25卷 第3號, 179~204쪽, 전체 25쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2013.12.31

영문 초록

This paper analyzes various cases that people who criticized government were punished and faced with civil claims filed by public officials. Most of the people have a strong desire to express their opinions on candidates and their policies, especially during election period. However, it is somewhat unclear whether they are allowed under election, defamation, and insult law. Citizens' freedom of expression is in danger of criminal sanctions or damage suits, while some agencies enjoy freedom of speech to promote governmental policies by using illegal means, although they are strictly prohibited to intervene the politics under the Constitution. It is doubtful whether Park Geun-hye's administration clarifies the truth thoroughly and punish the officials who spread information to condemn people who criticized government and distorted public opinion in the Internet. If there is no responsible steps to eliminate the unconstitutional activities and reform intelligence agency, chilling effects on freedom of speech would not come to an end. Courts and prosecutors are likely to keep some outdated views, disregarding the development of the new communication media, such as cyber space and SNS. Therefore, to enhance freedom of expression, I suggest that sanctions on announcing false facts with regard to public officials and candidates for public office should not be allowed unless actual malice exists. In addition, announcement of truthful facts on candidates and their campaign promises should not be punished under election law. In democratic society, freedom of expression belongs to people, not to government or officials that are duty to respect people󰡑s free opinions. As Madison said 200 years ago, we need to make efforts to fulfill the principle that the censorial power is in the people over the Government, and not in the Government over the people.

목차

Ⅰ. 정부기관이 누리는 표현의 자유

Ⅱ. 표현의 자유와 관련된 대선공약과 인수위의 제안

Ⅲ. 표현의 자유 기금 사건의 판결례

Ⅳ. 예술 표현의 자유

Ⅴ. 집회 및 시위의 자유

Ⅵ. 비판 봉쇄 목적의 형사고소와 민사배상청구

Ⅶ. 혐오 표현 등

Ⅷ. 통신심의

Ⅸ. 전망 : 여전히 위태로운 표현의 자유

참고문헌

키워드

표현의 자유 공직선거법 명예훼손 모욕 위축효과 freedom of expression election law defamation insult chilling effect