차별선동의 규제 - 혐오표현에 관한 국제법적·비교법적 검토를 중심으로 -

The international law and the laws of many foreign countries recognize hate speech as a punishable act. The scope of regulation under the heading of hate speech is, however, variant depending on the states. This article reviews and compares the international law and the laws of some foreign countries, including Germany, the United States, and Canada, to draw implications for the Republic of Korea in the context of the Korean Constitution. This article focuses on the act of inciting discrimination, hatred, or violence against members of certain groups (shortly called, incitement to discrimination), which is mandated to regulate under the international law. It argues that regulation of such act is not only legitimized by the rule of equality and the value of democracy but also required to protect human dignity under the Constitution. After identifying the harms of the act of incitement to discrimination and reviewing international and foreign constitutional jurisprudence on hate speech, this article concludes that the current legal gap affording no protection for those disadvantaged groups such as migrants and LGBTI people is incompatible with the Constitution. It thus proposes a legislation to regulate the incitement to discrimination and further discusses some factors to consider in drafting such law, particularly in relation to the freedom of speech.