헌법학적 관점에서 국가명예에 대한 검토

The Korean National Intelligence Service(below “NIS”) sued a lawyer for defamation in the name of the Republic of Korea. NIS claimed his saying concerning political surveillance by NIS in the interview with a magazine harmed NIS’s reputation. This essay addressed whether defamation actions by governmental entities affect the honor of the state. I assert only natural individual has personal right. The approval of the personality of state and the honor of state results in curtailing severely freedom of critical expression to government. And it reinforces the tendency of dual state, which means to be taken over the government actually by the state apparatus concerning military and intelligence. We can find its harmful effect in the Bismarck authoritarian regime in the late 19th century in Germany and in the Park’s dictatorial government in the 1970s in Korea. I expressed concern about the appearance of totalitarianism, that I call “militant capital-liberalism”.