혐오표현의 규제 가능성에 대한 논의

• 영문명: A Study on the Restriction on Hate Speech
• 발행기관: 한국피해자학회
• 저자명: 박호현(Park, Ho-Hyun) 장규원(Chang, Gyu-Won) 백일홍(Baek, Il-Hong)
• 간행물 정보: 『피해자학연구』제25권 제3호, 177~205쪽, 전체 29쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2017.12.30

영문 초록

Freedom of expression is an important democratic element that has been pursued through historical evolution as the natural rights of people which is ensured by the constitutional law. This democratic evolution works for national development as a prerequisite condition. Various policies of government are necessary in other for national development, but the atmosphere in which other opinions are accepted should be made for it. However if freedom of expression were accepted without limitation, either human rights or honor of other people would have been infringed at least. Especially violation of human rights to the disadvantaged like females, the elderly, the handicapped, the downscale, sex minorities might happen ordinarily in disguise as freedom of expression. Freedom of expression to the disadvantage could bring the result of violation of human rights by being used to make words with the expression like aversion, shame, contempt, discrimination. Therefore even if freedom of expression should be ensured as much as possible, some limitation must exist for preventing violation of human rights and honor of others. However the way of limitation was mostly criminal punishment. It is not sufficient that excess of freedom of expression is limited by only criminal punishment. Therefore it is limited by not only criminal punishment but also civil and administrative punishment, furthermore diverse political discussion is needed for including constructive regulation that is positive one for forming social atmosphere. Accordingly effort of central and local governments is required for constructive regulation, but effort of people themselves on autonomy is required as well.

목차

Ⅰ. 서 론

Ⅱ. 혐오표현에 대한 이론적 배경

Ⅲ. 혐오표현 규제의 필요성

Ⅳ. 혐오표현에 대한 정책적 방안 논의

Ⅴ. 결 론

키워드

혐오표현 인권침해 형사처벌 사회적 분위기 정부의 노력 Expression Aversion Violation of Human Rights Criminal Punishment Social Atmosphere Effort of Central and Local Governments