③ Personal Rights: Rights not to be hated
(Article 10 of the Constitution)
Some people argue that hate speech that does not result in hate crimes should
be protected under the freedom of speech. However, it is necessary to consider
that Article 21, No. 4 of the Constitution of Korea sets the honor of other persons
as the boundary of the freedom of speech. Hate speech brings displeasure for
the subjects and attacks and violates the honor or dignity of oneself. The personal
rights secured by Article 10 of the Constitution are a direct measure taken towards
such actions. They include the rights to be socially secure or to be protected in
honor, and also include the right to ensure that their character is not distorted,
changed, or damaged by other people. Thus, the rights to not be hated and not be
attacked are included in the constitution.
④ Other violated human rights
Hate speech makes numerous human rights difficult to enjoy for its subjects.
Hate speech excludes or limits its subjects from being part of communities,
workplaces, and educational facilities. Therefore, it also negatively affects the
freedom of residence and right to move at will (Article 12 of the International
Convention on the Elimination of All Forms of Racial Discrimination, Article 14
of the Constitution), the freedom of occupation and labor (Article 23 of the
29