국제인권규약상 표현의 자유와 한국의 실행

Freedom of Expression under the International Covenant on Civil and Political Rights and Practice of the Republic of Korea

Article 19(1) of the International Covenant on Civil and Political Rights(ICCPR) requires protection of the right to hold opinions without interference. This is a right to which the Covenant permits no exception or restriction. Article 19(2) requires States parties to guarantee the right to freedom of expression, including the right to seek, receive and impart information and ideas of all kinds regardless of frontiers. According to Article 19(3), restrictions on freedom of expression may be imposed only subject to specific conditions. First, the restrictions must be provided by law. Second, the restrictions may only be imposed for respect of the rights or reputations of others or for the protection of national security or of public order or of public health or morals. Third, the restrictions must be necessary for a legitimate purpose. This article examines the content and limitations of freedom of expression under Article 19 of the ICCPR, mainly based on Human Rights Committee s General Comment No.34(2011), individuals complaints(“communications”) dealing with violations of freedom of expression, concluding observations on State party reports. This article then reviews the application and implementation of Article 19 by Republic of Korea as a state party to the ICCPR. Among the various issues related to freedom of expression, this article focuses on issues that the Human Rights Committee has expressed concern about. Specifically, the following topics are discussed: (ⅰ) article 7 of the National Security Act, (ⅱ) defamation by publicly alleging facts.