정보사회의 음란물 규제체계 개편에 대한 일고

Abstract

South Korea prohibits the absolute distribution of obscenity, has adopted a legislative attention. The problem of the concept of obscenity or the judge does not set standards and norms. Normative concept of obscenity as only two elements, rather than foreign as well as a narrative element 'is that it should be redefined as. Also criminal laws on obscenity to discuss unification or integration is needed. In information society, there is a limit not to adopt the control theory because the sexual expression have several types, and there are many opportunities to use the materials easily. It is necessary to improvement a new legal theory to a new environment. Also It needs a new attempt and legislative skill which correspond to each legal purpose. This precedent did not change the regulation system against the obscenity fundamentally. But this strengthen a adaptability to obscene expression in modern society when Supreme Court applied a strict and definite judgment standards to this precedent. Supreme Court added requirements as follows, the expression must be the degree of an outrage of human decency and must have no literary and artistic value. These requirements are more reinforcement and strict than a past standards. Also this precedent was very impressive in that the legal purpose of regulation against obscenity were not only the protect of sex ethics but also the minor protection and the right of self-determination on obscenity materials. The intent of this precedent are important in that point not only the suggestion of the strict standards but also the rethinking of the regulation purpose of obscenity in new environment.