언론활동과 음란책임 - 신문만화를 중심으로

다국어 초록 (Multilingual Abstract)

  This paper deals with concerns about public and private morality, about market morality and commercial honesty, about national control on the sexual representation on the basis of constitutional theory specially in the part of comic strip in news papers. Government concern with morality stretches far beyond the question of obscenity. Governments have sought for many centuries to protect the citizenry, expressly children, from exposure to events or reports, so much as comic strips that might threaten the desired social fabric. For example after 1990"s, government enacted several laws(The Minor Protection Law, Juvenile Protection Law, Sex Offense Prevention Law etc.) to prevent social morality from all type of detailed representation of sexual conduct, and arrested 8 members of the editorial staffs from major news papers and 13 cartoonist.<BR>  The Korean Supreme Court ruled not guilty and the Korean Constitutional Court declared these laws unconstitutional, but government that pursue efforts to limit the presence of obscene activities in their communities, may take advantage of such other techniques as abating public nuisances. So it remains the legal theory how and in some measure, sexual representation through comic strip would protect as a constitu tional freedom. In this thesis I"d like to establish "sex and obscenity are not synonymous, that is, sex, a great and mysterious motive force in human life, has indisputably been a subject of absorbing interest to mankind via the ages" through related legislation and cases analysis. Moreover the comic strips have to protect as a freedom of expression on the constitutional law.