집단표시에 의한 모욕죄의 성립논리에 대한 검토 - 집단표시에 의한 모욕의 개인귀속과정에 대한 분석 -

Abstract

Our Criminal Law prescribes "Insult" in Article 311 that "A person who publicly insults another shall be punished by imprisonment or imprisonment without prison labor for not more than one year or by a fine not exceeding two million won". So, at issue lately, the "Group-Insult" is an inaccurate term. To understand it correctly, the so-called "Group-Insult" term need to draw a distinction between two different senses, such as (1) an insult "on a group itself",(2) an insult "by expressing and displaying a group's name". the former is not allowed under current criminal law, because a group can not be a main agent of the honor as interests protected by law, while the latter means the insult not "for a group itself" but "for a component part(member) of a group". the last case of insult to woman announcers and to National Assembly members have relevance to the latter sense. In reference to the case of insult to woman announcers, the trial court and appeals trial court plead guilty to constitute insult crime(Article 311) by group description, on the authority of the "principle of dilution"and "possibility of reminiscent". This two principles cast a long shadow to vast an insult on a group in its component members. In the Criminal Law, this logic process is closely connected with problem of the victim's specification.