표현 수단으로서의 1인 시위에 관한 탐색적 연구 : 관련 판례 분석을 중심으로

초록

Understanding that the subject of single person demonstration has not been researched for the last 10 years in the area of journalism, this study analyzed the related court cases in order to know how the Korean courts have perceived about single person demonstration, focused on how the court resolved the conflict between single person demonstration as a means of expression and human rights' infringement. Through the analysis, the following results were obtained. First, in the cases of a modified single person demonstration, the principle of 'same place' and 'number of persons involved' was cited as an important factor for the judgment regardless of the demonstrator's position (public person or private person). In 12 cases out of a total of 16 selected, it was found that compared with the protestor's right to freedom of expression, other human rights were considered more important in sentencing. In particular, in all of 11 cases in which a sentence was made in respect for the balance between single person demonstration and a person's human right, the latter was perceived more important. It was also confirmed that in single person demonstration with no present danger in the level of expression was respected as freedom of expression. When it is likely to cause some other feelings of anxiety, revolt or annoyance, it could be punished according to the law covering minor crimes. On the basis of the outcomes, this study suggests some guidelines to help Korean courts properly resolve similar conflicts in the near future.

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