hate-speech 등 인종주의적 혐오표현에 대한 법적 규제의 동향과 시사점

Traditionally, South Korea has relatively severe racial and social prejudice. Foreigners and immigrants living in Korea feel a high level of social exclusion and discrimination. By policy, Korea has a high level of foreign dependent, therefore racial and cultural discrimination must be overcome to improve public image. However, racial discriminative hate speeches are spreading through the media and internet in Korea, it requires to accumulate the regulation through precedent and interpretation on racial discrimination about related action by preparing legal instrument to regulate such activities. In Article 4 (a) and (b) of the International Convention on the Elimination of All Forms of Racial Discrimination, it obligates criminalization such all the spread of ideas based on racial superiority or hatred, and an incitement of racism. However, in fact, Korea adds the reservation 「Perform obligation in the limit that is not contrary to an assembly, an association, a freedom of expression, and a right guarantee under the constitution.」Although ratification of the International Convention on the Elimination of All Forms of Racial Discrimination in the legal regulation of racial discrimination, it is reserved by concerning a risk of conflict the constitutional freedom of expression. It is feared that effectiveness would be weaken, it could be also damaged the original purpose or form of an international treaty, and it rather disturbs to achieve the true goal of the human rights treaty. Korea needs to prosecute an enactment with possibility of judicial action on racial discriminative hate speech by regulating criminalization of racial discrimination that considers this point. It does more proactive precedent or interpretation within the current law, furthermore, there is a need to regulate the criminalization on the racial discriminative hate speech in accordance to the Article 4 of the agreement as recommended by the Committee on the Elimination of Racial Discrimination.