가짜뉴스에 대한 형사법적 규제가능성과 보완필요성 검토

• 영문명: A Study on Criminal Regulation and Supplementation of Fake News
• 발행기관: 한국형사정책학회
• 저자명: 이성대(Lee, Sungdae)
• 간행물 정보: 『형사정책』刑事政策 第30卷 第1號, 6~93쪽, 전체 88쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2018.03.30

영문 초록

These days social conflict of the cases made by fake news being given attention had ripple effect in the society, The purpose of the study was to investigate legal regulation and political actions against fake news: The study supplemented regulations from point of view of new criminal law in addition to existing press laws and election laws. The study investigated as follow: At first, the study examined concept and scope of fake news. Fake news should be distinguished from false report, negative and satirical fake news to cognize fact relevance and falsehood regardless of entity(anybody can make out) and to have specific purpose (intentional and purpose) and to make out in the style of article. The study investigated legal regulation and criminal punishment against fake news according to current laws. Laws had regulated production and distribution of fake news subject to falsehood from point of view of civil case, administration and criminal case. Administrative regulation should be controlled regarding preliminary inspection of article 21 of the Constitution to supplement by civil case and criminal case. Supplementation of regulation by civil case should introduce punishing punishment and new regulation of criminal areas. Punishing regulation should be introduced when the one who was not press man had not personal benefit (fame, etc) but social benefit. This matter was found to violate Article 47-1 of the Act on Utility and Communication by the Constitutional Court (so called Minerva case). The Constitutional Court s decision has been still effective so that legal punishment against fake news should be made and civil regulation instead of legal regulation should be made to control by civilians. In modern society that press environment made change rapidly, freedom of the press and expressions should be guaranteed.

목차

Ⅰ. 들어가며

Ⅱ. 가짜뉴스의 개념과 범위

Ⅲ. 현행법상 가짜뉴스에 대한 법률적 규제 및 형사처벌의 가능성

Ⅳ. 가짜뉴스에 대한 규제보완의 필요여부와 규제의 개선방향

Ⅴ. 나오며

키워드

가짜뉴스 징벌적 손해배상 검열 허위사실적시에 의한 명예훼손 언론의 자유 fake news interstate jurisdiction censorship libel and slander made by fake facts freedom of the press