인터넷상 모욕적 표현행위의 가벌성 판단기준과 그 한계 - 최근 법원의 판결을 분석하며 -

Abstract

The development of information and communication technology makes it possible for individuals to access and interact with each other according to their needs without limits of time and place on the internet as an online space. The possibility for individuals to freely express their thoughts or opinions and communicate with others can be regarded as an essential function of the internet that makes it a driving force of democratic discourse and development. Many internet users write various kinds of comments in which they express own thoughts or opinions about the content of internet portal sites, and comments may be distributed or re-posted in their original or in modified or commented forms to other persons. Social interaction like this may also cause controversy by violating personal rights, because comments like these may include insulting expressions that disparage or slander an individual or certain groups. However, there is no legal provision explicitly regulating insulting expressions on the internet under the current law. Accordingly, this article intends to establish a new legal basis for systematic sanctions on insulting expressions that disparage or slander an individual or certain groups on the internet. Concretely, this article focuses on examining the judgement criteria for criminality in case of insulting expressions and their limitations by comparing and analyzing the precedents of Korean courts related to insulting expressions posted on the internet. Finally, this article suggests a legislative direction for a legal basis that is necessary for the effective regulation of insulting expressions that have punishable content.