미국연방헌법의 표현의 자유와 일본의 증오언설 - 일본의 증오언설에 대한 국제형사법 적용가능성 -

Hate speech can be defined as any kind of expression which leads to violence, hate and discrimination directed against the targets of such speech in the forms of the loss of reputation, humiliation, and emotional torment. This Article attempts to apply hate speech as a international crime to Japanese Government's claim on Dokdo based on the discussion of freedom of speech in the Constitution of the United States(Chap. Ⅱ) and the hate speech laws of Germany(Chap. Ⅲ). In the United States, the Supreme Court allows hate speech punishment law which includes fighting words when it passes the narrowly tailored, content based and clear and present danger tests, although freedom of speech protected broadly. In Germany, German laws prohibit hate speech and particularly hate speech related with Jewish people and history is punished strictly. This Article also examines, in Chapter Ⅳ, the hate speech cases of international criminal courts and international criminal laws and demonstrates theoretical bases for the punishment of hate speech in the international arena. In consideration of German laws which access to hate speech very strictly, Japanese Government also needs to deal the hate speech crime more positively. Recent years, the international criminal justice system expands the category of international crimes aimed to prevent harm before it occurs. This development consists of adopting a myriad of international agreements on the prohibition of hate speech. Consequently, this article insists that the speeches and descriptions of Japanese Government and high level politicians on Korean territory Dokdo as their territory could be an inchoate international crime.