가짜뉴스에 대한 형사법적 규제가능성과 보완필요성 검토

A Study on Criminal Regulation and Supplementation of Fake News

These days social conflict of the cases made by fake news being given attention had ripple effect in the society, The purpose of the study was to investigate legal regulation and political actions against fake news: The study supplemented regulations from point of view of new criminal law in addition to existing press laws and election laws. The study investigated as follow: At first, the study examined concept and scope of fake news. Fake news should be distinguished from false report, negative and satirical fake news to cognize fact relevance and falsehood regardless of entity(anybody can make out) and to have specific purpose (intentional and purpose) and to make out in the style of article. The study investigated legal regulation and criminal punishment against fake news according to current laws. Laws had regulated production and distribution of fake news subject to falsehood from point of view of civil case, administration and criminal case. Administrative regulation should be controlled regarding preliminary inspection of article 21 of the Constitution to supplement by civil case and criminal case. Supplementation of regulation by civil case should introduce punishing punishment and new regulation of criminal areas. Punishing regulation should be introduced when the one who was not press man had not personal benefit (fame, etc) but social benefit. This matter was found to violate Article 47-1 of the Act on Utility and Communication by the Constitutional Court (so called Minerva case). The Constitutional Court s decision has been still effective so that legal punishment against fake news should be made and civil regulation instead of legal regulation should be made to control by civilians. In modern society that press environment made change rapidly, freedom of the press and expressions should be guaranteed.