혐오표현 문제 해결을 위한 입법적 연구

A Proposal for a Legislation for Solving the Problems of Hate Speech
  • 안정연
  • 이동훈
  • 이호준
  • 백승원
  • 오상인
  • ... 윤혜선
  • 외 1명

초록

Recently, hate speeches about specific region, religion, race, sexual or sexual orientation has become widespread. Even, various kinds of crimes and their victims result from these hate speeches. Many researchers reveal that the hate speech has serious mischief, thus destroys one's characters and lives. Moreover, with the development of communication technologies, artificial intelligence, and access to personal information, it is hard to imagine how widespread and influential the hate speech will be in the future. Even though many attempts to pass legislation and enact policies which prevent the problems of hate speech have been suggested, the results are inadequate currently. In this reality, social consensus on 1) regulation by simply punishing the hate speechers is not a fundamental solution on the problems resulting from hate speech, 2) and what is needed is not separation and division, but embracement and integration for dealing with the problems is formed. Thus, this study recognizes the seriousness and legislative need of hate speech and proposes “A Special Act on Hate Speech”, which considers the reality and current laws and policies. Also, the first thing to be done is defining the meaning of hate speech. Therefore, this study examines why hate speech should be included in law, how domestic legislators have tried to enact laws related to hate speech, and how other countries are coping with the hate speech(II), defines the meaning of hate speech(III), suggests “A Special Act on Hate Speech” based on the previous studies(IV), and makes a conclusion(V).

키워드

Hate SpeechLegal Definition of Hate Speech DefinitionRegulationEmbracement and IntegrationHate Speech Bill혐오표현혐오표현의 법적 정의규제포용과 통합혐오표현 입법
제목
혐오표현 문제 해결을 위한 입법적 연구
제목 (타언어)
A Proposal for a Legislation for Solving the Problems of Hate Speech
저자
안정연이동훈이호준백승원오상인정성연윤혜선
DOI
10.18018/HYLR.2020.37.1.025
발행일
2020-00
저널명
법학논총
37
1
페이지
25 ~ 68