한국에서의 역사 부인과 선동에 대한 처벌

This paper examines the criminalization of recurring acts of historical negation and its incitement in Korea. South Korean society has experienced numerous tragic events, including state-led massacres and human rights violations during authoritarian regimes. However, repeated attempts to distort these historical facts, to insult victims, and to justify perpetrators continue to surface. This study analyzes the tension between such acts and the principle of freedom of expression, with particular attention to the reasons these behaviors persist in Korean society. Negating or inciting denial of crimes against humanity cannot be regarded as mere expressions of opinion. Such acts function as tools of violence that legitimize atrocities and ideologically attack specific individuals or groups, ultimately oppressing the socially vulnerables. Social efforts such as strengthening history education and fostering empathy for victims are insufficient to prevent the distortion and denial of history. Therefore, this paper argues that historical distortion that undermines communal peace and human dignity can and should be subject to criminalization. Considering the unique context of South Korean society, the enactment of laws penalizing historical negation and its incitement is proposed as a minimal legal safeguard for the protection of democracy and human rights.