한국 대법원의 음란성 판단기준에 대한 연구

초록

This study explored what standard the Korean Supreme Court uses and how differently the Court applies the standard according to time period in judging media related obscenity cases. In order to analyze the cases, this study selected thirteen criteria including ‘judge’s position’,‘environment’, ‘objective judgement’, ‘overall judgement’, ‘synthetic judgement’, ‘contents’, ‘description’, ‘material’, ‘weight’, ‘relation’, ‘value’, ‘purpose’ and ‘kind of media’. Based on the analysis, it was found out that the Court more than anything else decides whether or not expressions in question have sexual description in ‘contents’ category. If any sexual meaning has been found, the each Judge gives consideration on the degree of obscenity of the expression grounded by description, material, weight, relation, value, purpose and kind of media standards. The Court finally reviews the result of each justice and then concludes whether the expression is permissible. In the decision, each Judge tends to put a heavy weight in the environment, objectivity, and view of an ordinary adult. As the result of examination on how often each standard is applied, this study revealed that the Korean Supreme Court uses description’ and ‘value’ more than any other categories. It was also discovered that the Court does not seem to utilize different standard in accordance with time-period and kind of media.

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