헌법상 인터넷 명예훼손과 해결방안에 관한 연구

Abstract

This paper is about the Hate Speech on the Internet. Hate speech makes many problem kind of Internet Defamation, violation of human rights etc. Today, our society has a clear tendency to pursue diversity while respecting each other's individuality. Behind it, however, is the duality that reveals aversion to pursuing different values. It is not that long since hate speech began to become a big problem in our society. Especially, due to the development of the Internet, we respect each other's individuality and pursue diversity regardless of time and place, but on the other hand, we express hatred with hostility due to conflicting values. Currently, a number of expressions that humiliate kimchi girls, school lunch worms, and Hannam are used on the Korean Internet for certain objects such as gender, nationality, and sexual orientation. In addition, with the recent outbreak of Corona19, there are many views on whether these expressions are freedom of expression or infringe upon other people's personal rights through hate speech. Therefore, since the concept definition of hate expression is not unified, this paper considers a number of studies and defines the concept of hate expression, interprets the conflict situation of basic rights in which freedom of expression guaranteed by the Constitution and the right of personality and equality collide with the right of equality, and aims to derive relevant legislative improvement in our country.