헌법의 눈으로 본 차별금지법 ― 혐오표현의 문제와 함께 ―

Abstract

The anti-discrimination law is a law that embodies the Constitution, which guarantees human dignity and aims for the ideology of universal equality. It is a law that exposes the explicit and implied violence of some economic and/or religious sects in a real society, which are obsessed with prejudice and misunderstanding on the nature of human lives, and hinders the effective and just implementation of the Constitution. Nevertheless, the legislative efforts have been repeatedly thwarted by opposition with interests of those sects. This article was intended to point out the constitutional validity of the anti-discrimination law, with special concern on the recent legislative movement initiated by the Justice Party and the National Human Rights Commission of Korea. This article raises a series of critics based on the current constitutional doctrines and constitutional theories against those sectarian objections, which make discrimination natural and justify it in the guise of constitutional norm of this secular state. In addition, it intends to prove that the anti-discrimination law is a law that acts as a guardian of individual human rights and as normative safety valves which maintain democratic order and promote social integration by blocking all discrimination in the name of the law.