현행법상 혐오표현에 대한 사법적 대응

Abstract

Despite the seriousness of hate speech, which is pervasive in our culture, specific administrative and legislative measures to regulate hate speech have not yet been adopted, and there is no national agreement in our nation. Fortunately, a variety of sectors, including academics, politics, the media, and civic organizations, have started to raise awareness of the problem of hate speech along with issues relating to freedom of expression, and societal efforts to address problems brought on by hate speech have been ongoing. However, there are still no organized, effective measures in place, and the process of enacting the necessary laws and regulations is moving slowly. Despite the fact that Korean society has actively participated in regulatory discourses on hate speech issues that have recently gained widespread attention. If Korean courts continue to take a non-interventionist stance toward hate speech due to a lack of legal grounds, it may appear that they tolerate it unchallenged. As a response, the Korean courts should accumulate judgments that alarm the harmfulness of hate speech within the existing legal system until a legislative basis is established. This will help to protect minority rights and interests from harm that hate speech causes to minority groups' rights and interests, such as discrimination and exclusion. Currently, instances involving hate speech are handled by Korean courts in fragmented approaches, including by criminalizing insult (or defamation) crimes, awarding damages for unlawful acts under civil law, examining the validity of administrative dispositions, etc. This study intends to offer the Korean courts judicial criteria that might be used in cases involving hate speech.