스페인과 한국의 형법상 명예훼손범죄에 대한 화용적 고찰

This study attempts a linguistic analysis of the legal provisions and recent precedents of defamation, which are considered crimes in Spain and South Korea. Hancher(1980) and Tierma(1987) attempted an interdisciplinary analysis linking Law and Linguistics based on Austin (1962) and Searle(1976)'s Speech Act Theory. In particular, they considered defamation as a speech act and argued that the defamatory speech act just like any other speech act would be subdivided into two aspects: its illocutionary act and its perlocutionary act. In intralinguistic perspectives, we can only mention a couple of studies:　Guillén Nieto (2020) on the defamation law and the judicial precedents in Spain and Lee(2018, 2020) on the ones in South Korea. In the current paper, we have examined the concrete legal clauses related to defamation and a few of recent precedents in the two countries. The implication of this study is as follows. We have newly proposed felicity conditions for a defamatory speech act based on the legal definition of defamation in both countries. It is of academic significance that it is the first attempt to compare defamation crimes in Spain and South Korea under the pragmatic framework. Therefore, the findings would have some implications not only from the linguistic viewpoints but also from the legal ones.