언론에 적용될 수 있는 ‘징벌적 손해배상법률안’의 위헌성 검토 : 헌법재판소의 2021년 형법 제307조, 정보통신망법 제70조 합헌 결정을 중심으로

In February 2021, the Constitutional Court of Korea declared that the defamation charges under Article 307 (1) and (2) of the Penal Code were constitutional. In March 2021, the Constitutional Court of Korea declared that Article 70 (2) of the Information and Communication Network Act, the crime of defamation of false facts, was constitutional. According to the Constitutional Court, the damage is enormous for false facts that defame. In addition, publicity of false facts pollutes the public sphere of democracy. This study focuses on such decisions by the Constitutional Court. Several punitive damage compensation bills have been submitted to the National Assembly of the Republic of Korea. These bills can be applied to the media. This study examined the unconstitutionality of the bills of the National Assembly according to the principle of clarity and the principle of proportionality. The bills of the National Assembly were analyzed to be unconstitutional in terms of the principle of clarity and the principle of proportionality.