표현의 자유에 대한 형사법적 규제의 법리와 그 대안 -명예훼손죄를 중심으로- = The Alternative to the Criminal Restrictions on Freedom of Expression -Focusing on Libel and Slander-

다국어 초록 (Multilingual Abstract)

This paper presents some grounds to justify the abolition of libel and slander, considering the process how they infringe on the freedom of expression. Firstly, I try to find out the false consciousness that the crimes of libel and slander which are originally designed to protect the personal interests are used to maintain the public order which is not personal. Secondly, I point out how unrealistic the ideology that the law should be obeyed and the neutrality of criminal law are. And also I can find out that the crime claims its legitimacy by the unreality. Thirdly, I can verify that libel and slander compel many to engage self-censorship by emphasizing the responsibility for their own speech. Through these traits, libel and slander control the freedom of expression. But the honor of a public official or a public figure should be restricted than that of the weak. People who are weak must get out of the fear of the crime and need to recover his identity. And the freedom of appealing to public opinion or the freedom of expression should gain the upper hand over the honor of a public official or a public figure. Finally, the honor can be protected enough by other non-criminal norms. In conclusion, I would like to emphasize that the crimes of libel and slander must be abolished.