The Report on Human Rights Situation in the Republic of Korea B) Discussion on the Decriminalization of Contempt President and the members of the National Assembly are state agencies stipulated by the Constitution, and they play the role of making decisions on and implementing various policies. If contempt is applied to these state agencies, then the contempt charges can be used to suppress the critical opinions using the public power. Meaning, if state agencies can become a subject of a crime related to honor, then the freedom of expression and freedom of press can be threatened. There was the ‘contempt of state’ penalizing contempt or insulting the state or state agencies and the distribution of false information. It was abolished in Dec. 1988 after the June Democratic Struggle in 1987. The Supreme Court stated that the state and the local government are not the principal of the basic rights, not the beneficiary of the basic rights, and are subjected to wide surveillance and criticism from the people.44) Contempt or defamation against the state agencies or the local governments cannot be established. However, it is hard to discern whether the postings made in real life is insulting the state agency, the president or the head of the state agencies, and this uncertainty allows the investigative agencies to conduct investigations. Also, in such cases, the possibility of being investigated and penalized could weaken the liberal political criticisms and expression of opinions. There are opinions for the decriminalization of contempt, not only for insults towards politicians or state agencies. From that perspective, people try to restrict critical expressions by using the uncertain ‘contempt’ charges by threatening criminal charges and civil liabilities. However, many surveys45) related to malicious comments online show that many people believe improper expressions shown on online comments are serious problems and need to be regulated. 44) Supreme Court Sep. 2, 2011 Sentence 2010Do17237 Decision; Supreme Court, Oct. 30, 2018 Sentence 2014Da61654 Decision 45) Jeong Gwancheol (Korea Research), Hankook Ilbo, “Malicious Comments... Are regulating and blocking the best option?”, Jan. 16, 2021. 52