형법상 명예훼손죄의 폐지 ― 한국과 세계 각국의 비교 연구 ―

Criminal libel has ling been criticized as an instrument of state to repress freedom of the press and a free press. Criminal punishes open discussion and criticism of government and public officials. For this reason, criminal defamation is not consistent with fundamental democratic principles and has led to argue that it should be abolished. Many countries in Europe, Asia, and Africa have already decriminalized the penal defamation. Even though some established countries in Europe still criminal libel law on their books, they've never invoked against the press. Some are usually interpreted narrowly. However, the Korean criminal defamation laws with politically oriented prosecution have had more than a mere chilling effect. They have often been invoked to punish critical journalists to protect presidents and public officials' reputations. Those provisions have been and will-unless they are repealed-continue to be a dangerous anachronism. Contrary to the current trend in the world, maintaining penal sanctions against the press will seriously deter freedom of the press in Korea. This paper suggest the abolition of criminal libel as a way achieve the full flowering of Korea as a democratic country.