혐오표현의 법적 정의와 그 제한을 위한 몇 가지 기준들

Expressions made by people in the process of enjoying freedom of expression are varied from contents related to personal life to societal issues requiring public discussion. In the process of forming various opinions, some people are maliciously slandering or discriminatively insulting against other people, because they have different ideas or opinions. These expressions such as malicious slander or discriminative insult - so called hate expressions - are causing serious social problems. In terms of freedom of expression, a hate expression is also a subject to protect, but it is necessary to judge whether malicious, discriminative or aggressive expressions against individuals should be absolutely protected. This paper affirms that hate expressions, which are controversial in various areas of the society, should be limited within the recognition scope of legal justification. This paper deals with how to define hate expressions and how to set the criteria to define hate expressions in the point of criminal law. This paper focuses on the systematization of the criteria required to limit hate expressions on condition that the criminality of expressions is recognized.