미군정청과 표현의 자유 - 법무국·사법부의 유권해석선집 분석을 중심으로 -

The years when U.S. Army Military Government in Korea (hereinafter 　USAMGIK) supervised Korean Peninsula may be meaningful in connecting Japanese colonial period with the new Korean democratic government from a historical perspective. USAMGIK's standpoint of freedom of speech was expressed in relevant military government laws including proclamations and ordinances as well as opinions from Legal Opinion Bureau, and they seemingly allowed socialists' activities prohibiting political and ideological suppression. However, USAMGIK restricted speeches against USAMGIK's administration and regulated political comments in mass media requiring registration of newspapers and other publications. Such registration was stipulated to prevent unlawful exercise of freedom of speech and to protect it, but actually the registration resulted in approval by USAMGIK. Moreover, groups and societies secretly engaging in political activities could not be registered as political parties and then, all of political activities could be controlled by USAMGIK's arbitrary construction of secrecy. According to opinions of Legal Opinion Bureau, simple worship of socialism and critique of USAMGIK could be protected, but resistance, neglect or hostility against USAMGIK could not be protected. A license requirement to issue a newspaper was rigorous and the censorship was seemingly allowed in stipulating potential restriction on freedom of press for the purpose of successful operation of USAMGIK. Moreover, Legal Opinion Bureau did not recognize freedom of anti-governmental assembly and association. The USAMGIK's position of freedom of speech was quite different from the then tendency toward protection of free speech under the First Amendment in the U.S. At that time, political speech was already received strong protection and the restriction on freedom of press was strictly limited under a clear and present danger doctrine. Even subversive expression could be protected under a strict standard. In the early days of occupation, the U.S. tended to maintain liberalism as long as such a position did not affect public safety and security. However, the U.S. had to strengthen the restriction of free speech because of antagonistic relationship to the U.S.S.R. Furthermore, because Korean circumstances were rapidly changed and the discrepancy of recognition between the U.S. government and USAMGIK was generated surrounding Korean situations, the policy on political parties and the press was changed and restraint of progressive or leftist media must be fortified. That is, special circumstances under which the U.S. was antagonistic to the U.S.S.R. and the lack of understanding of the situations could be attributable to strict regulation of freedom of speech by USAMGIK in Korea and they have kept being used as reasons for restricting free speech by Korean government.