공직선거에서의 혐오표현 - 더 강력한 규제가 필요한가? 더 많은 자유가 필요한가? -Hate Speech in Political Election
- Other Titles
- Hate Speech in Political Election
- Authors
- 홍성수
- Issue Date
- Jun-2021
- Publisher
- 충북대학교 법학연구소
- Keywords
- 혐오; 혐오표현; 증오선동; 정치인의 혐오표현; 선거에서의 혐오표현; 공직선거법; hate; hate speech; incitement to hatred; politicans’ hate speech; hate speech in political election; public official election act
- Citation
- 법학연구, v.32, no.1, pp 113 - 138
- Pages
- 26
- Journal Title
- 법학연구
- Volume
- 32
- Number
- 1
- Start Page
- 113
- End Page
- 138
- URI
- https://scholarworks.sookmyung.ac.kr/handle/2020.sw.sookmyung/146553
- DOI
- 10.34267/cblj.2021.32.1.113
- ISSN
- 1225-2832
- Abstract
- It is said that politicians’ hate speech or hate speech in political election tend to cause more serious impact on society. They are more influential to society and there is often an increased tension in political election. In this sense, some insist that strict regulation is needed to address politicians’ hate speech or hate speech in political election. However, we have to pay attention to the fact that on the one hand hate speech regulation is need for politicians, but on the other hand freedom of speech for politicians and free speech in political elections is extremely important. This article tries to sort out this dilemma between regulation and non-regulation for for politician and free speech in political elections. Firstly, incitement to hatred is also applied to polticians but most of them could skillfully evade legal regulation and I am afraid prosecuting politicians leads to political oppression by selectively prosecuting some of the political enemies. Another option is to deal with hate speech by the National Election Commission. This institution plays an important role in tackiling hate speech by informing politicians of the harm of hate speech.
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