집합명칭에 의한 모욕에서 피해자의 특정

Abstract

This is a treatise which analyzed and criticized the attitude of precedents relating to victim-fixing in contempt by collective name(Kollektiv-bezeichnung in German). According to precedents, it can not be a case of contempt in principle when insult is enacted in the manner of collective concept. But precedents say that contempt is exceptionally established when the contents of insulting remarks or expressions come up to all members of the relevant group and, consequently, become to have a negative effect in social evaluation about each person of them. In short, precedents accept contempt when the possibility of violating legal interest(person-value) exists. I agree to this position in principle. By the way, precedents suggest so-called several-elements-perspective as normative criterion to evaluate whether such a possibility exists or not. I think that the perspective has some problems in itself, especially in practice. The most important one is that judgment may be suspected of its appropriateness because of uncertainty of priority-relation between elements in the process of their application.