인터넷 명예훼손 및 모욕죄와 형법적 대응방안

In this paper, the reaction of current criminal law against defamation and insult in internet and the debate of amendment to current law are reviewed. The main contents of this paper are summarized as following:First, for defamation and contempt done through internet the law of communications network Article 70 or the criminal law Article 307 can be applied, and for insulting on the internet the criminal law Article 311 can be applied so it is possible to say that there is no flaw in such laws for internet defamation or contempt. Second, the law of communications network Article 70 has to be absorbed by criminal law Article 309 because there is no need for additional punishment and a special Law against defamation in internet. In this case, the regulation which does not punish defendant according to victim's intent has to be subsisted and it is necessary to take a legislative action for justification. Third, it is not necessary to take a new legislative action against insult in internet. Because the theoretical basis for taking a new legislative action against insult in internet is weak and unconvincing. In it's final analysis, the reaction of current criminal law against defamation and insult in internet is sufficient. Therefore taking a new legislative action for additional punishment against insult in internet will only contribute to mass production of symbolic criminal law.