대학 내 취소 문화와 학문의 자유의 위기 - 독일의 사례를 중심으로 -

Cancel culture refers to the phenomenon where support for an individual or organization is withdrawn—or even a campaign against them is initiated—based on socially disapproved words or actions. The basis for such societal criticism lies not in law but in specific ideologies, beliefs, or expectations. In the academic realm, the announcement of certain research topics or findings often triggers such reactions. Within universities, cancel culture manifests through physical obstructions to public appearances or societal pressure on universities, threatening the academic status of researchers. This not only affects the freedom of individuals but also creates a chilling atmosphere within the academic community. Controversial research topics and results, even when they spark societal debates, fall under the protection of academic freedom as per Article 22(1) of the Constitution. As long as the pursuit of new knowledge and the dissemination of acquired knowledge for societal benefit remain the goal, such research belongs to the academic activities protected by academic freedom. The essence of cancel culture, namely the chilling effect, can be analyzed through the objective dimension of academic freedom. The objective content of academic freedom is considered realized when individuals can engage in scholarly communication and functional universities exist. Based on international case studies and statistical results, it can be inferred that the chilling effect also exists within domestic universities, thereby suggesting a violation of the objective content of academic freedom. In this context, establishing organizational structures and procedures to protect academic autonomy within universities holds critical significance. The 2023 revision of the UK's Higher Education Act permits active state intervention to safeguard academic freedom in universities. However, this approach is challenging to accept in light of the content of academic freedom. Instead, universities should counteract cancel culture by establishing procedures and organizations to investigate "canceled" researchers or lectures, ensuring diversity in personnel composition while granting decision-making authority to scholars equipped with academic expertise and responsibility to uphold academic autonomy.