사실 명예훼손죄 규정에 대한 소고

Our Criminal Law provides an objective constituent requirement of timely defamation regulations that punishment for telling the truth. This regulation, which is counted as one of the world's best, does not exist at all or is resolved in a civil manner in most countries. As the Constitutional Court recently decided whether to make a timely defamation crime unconstitutional on March 25, 2021 at 5:4, the criminal law punished even if it is still true, it has retained the timely defamation rule. However, this regulation is criticized for undermining the fundamentals of democracy and infringes on the right to know and freedom of expression under the constitution, paralyzing the surveillance and criticism function of society. With the Me Too movement at its peak in 2018, civic groups, professors, and scholars pointed out the problems and abolitions of defamation in a timely manner and issued a statement. Moreover, international human rights organizations including the UN are also recommending that Korea continue to abolish the crime of defamation in a timely manner. In this paper, it is meaningful to solve the thirst for the current legal system by approaching and interpreting the law on the crime of defamation in a timely manner.