표현의 자유의 보호범위와 차별적 표현의 규제에 관한 비교법적 연구

Every man has a problem of equality in his birth. However, human history still has a problem of discrimination despite its efforts to solve various issues of equality. In particular, modern society has a wide range of discrimination as racial discrimination is expanded due to free movement. Among them, human rights violations by discriminatory expressions or hate speech have become a problem. Therefore, in this paper, we want to ascertain whether there is a limit to these expressions and to present a theoretical basis for eliminating discrimination. First of all, we intend to establish a higher concept of discriminatory expression through the discussion process of various expressions, such as hate expression or discriminatory expression. Instead of limiting the basic right of expression of disgust to the basic right of freedom of expression, we seek to draw a conceptual framework to apply it in an expanded way from the perspective of human rights and equal rights. Next, through American theories and precedents, the limits of the scope that freedom of expression protects are to be identified as the possibility that hate expression itself can be an unwarranted right as freedom of expression. To this end, we should examine the classical modern meaning of freedom of expression and see if it should be seen as the existing law of freedom of expression in the category of freedom of expression and, if so, set the scope of protection of freedom of expression under the general Constitution and examine the meaning of freedom of expression and limitations of freedom of expression and limitations and limitations. Finally, we would like to draw up legal and institutional measures to address social problems with discriminatory expressions. Rather than simply banning discrimination, we want to look at hate expression from the perspective of human rights protection to find ways to regulate discriminatory expressions.