著者

韓 永學

出版者

日本マス・コミュニケーション学会

雑誌

マス・コミュニケーション研究 (ISSN:13411306)

巻号頁・発行日

vol.89, pp.83-102, 2016-07-31 (Released:2017-10-06)

参考文献数

25

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On December 17, 2015, the Seoul Central District Court gave a verdict of not guilty to Tatsuya Kato, former Seoul bureau chief of Sankei Shimbun. He had been charged with defaming South Korea’s President Park Geun-hye. The purpose of this study is to analyze the decision and examine suggestions for the defamation laws in Japan and South Korea. Although I agree with the conclusion of the decision, I cannot accept the part of verdict on defamation of Park as a private figure. Structural problems exist in South Korea’s defamation laws, and the criminal prosecution of this case deviates from the international standards. Therefore, it is natural that the United Nations has repeatedly recommended that the South Korean government abolish criminal defamation. South Korea has to fundamentally reform the criminal defamation law, which has suppressed critical speech. Meanwhile, this case has considerable implications for Japan, where criminal defamation is being applied. Japan should also join the international community in pursuing abolition or a strict application of the criminal defamation law as it has harmful effects on democracy as well as freedom of expression.

著者

韓 永學

出版者

日本マス・コミュニケーション学会

雑誌

マス・コミュニケーション研究 (ISSN:13411306)

巻号頁・発行日

vol.85, pp.123-141, 2014-07-31 (Released:2017-10-06)

参考文献数

27

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The objective of this article is to explore the status of the right to know in the special secrecy law. I found that the law gives much attention to safeguarding "special secrets" but has no regard for the people's right to know. Firstly, the law virtually admits its classification of what is a special secret is too wide-ranging, but restricts the declassification and disclosure of such secrets. Also the law has a chilling effect on whistle-blowing. Secondly, there is little guarantee of the Japanese Diet, the court and third party organizations checking on the enforcement of the special secrecy law. Thirdly, the provision in consideration of press freedom in the law does not have a substantial effect. In view of these serious defects, the law should be abolished or radically amended.

著者

韓 永學 HAN Younghak

出版者

北海学園大学法学会

雑誌

法学研究 (ISSN:03857255)

巻号頁・発行日

vol.49, no.4, pp.747-780, 2014-03