사회의 변화에 따른 음란개념의 변화와 향후의 입법형성의 방향

The freedom of expression is an essential element for the social democratic development through the personal private and public growth of ideas. The strong legal regulation to freedom of expression leads to the closed and not flexible society. So it is our duty to promote the freedom of expression for the democratic development of society. There are two aspect to legal regulation in concerning in the freedom of expression in general. One is the material with the national security, the other is the material with the obscene. With the obscene expression, korean criminal law has forbidden any of materials, which contains some of obscene and the jury has the titled the final conclusion which is an obscene material or not. But the coming of convergence between broadcasting and communication and social changes has influenced to the legal revision in the area of obscene. Especially the korean constitutional court has upset the former its decision which has sentenced that the obscene material is not protected with the Article 21 korean constitution. The korean constitutional court has sentenced in its latest decision that the obscene is also protected with the freedom of expression in article 21 korean constitution at first. and the legal regulation to obscene material is another legal problem at second. With this decision of korean constitutional court throws, as I think, a legal revision in the area of obscene. So it is recommended that the social changes, the convergence of broadcasting and communication, the equal achievement of different subject of fundamental right and the practical possibility of regulation with the obscene is considered in the revision of korean criminal and related statues in korean legal system.