사이버공간에서 표현의 자유를 제한하는 자의적 법집행 사례와 그 비판 : 형사법적 통제를 중심으로

This paper examined how national power used the law to limit freedom of expression. In this process, I learned that the criminal law was distorted and became a tool for the strong, and I argued that the contradictions of the legal system should be actively utilized in order to overcome those distortions. The duty of law observance can only be accepted only if there is a belief that the law itself is neutral. If the neutrality of the law is fictional, the law can be distorted by those who have power. This paper looks at the process of power distorting the law in two ways. One is a system of criminalization through the actual law. The other is legal monitoring system through the Public Administration and Criminal Procedure Act. The system has been able to temporarily suspend criticism and has been a secret order for the people to keep quiet. The people's legal defenses have been broken and indiscriminately monitored. Essentially, the people lost their will to express themselves by self-censorship(particularly the will to criticize the government and those in power). I found a way to get rid of this legal distortion in the contradiction in the law. Criminal law has a historicality in which the political power process of society is alive. It is an expression of power that justice and injustice coexist. If those who want to restrict freedom of expression have monopolized the criminal law, then those who want to enjoy freedom should use it actively.