With increasing controversy over vicious jokes on traumatic events in contemporary Korean history, it appears that the main interest of human rights in Korea is currently shifting from “freedom of expression” to “the right to ask not to express.” As voices asserting the need for regulatory intervention have become prominent, bills for punishing the denial and distortion of history were proposed, including one on punishing the deniers of dictatorial past in 2013 and two on punishing the distortion of colonial past in 2014. This paper traces the legal discourse surrounding the issuance and review of these three bills. I will begin by analyzing how the main features of the bills collide with fundamental principles within criminal law, and how this collision reflects legislative orientation towards protecting social memories under the umbrella of soziale Rechtsgüter. After illuminating the ways in which juridification—based on the normative strategy of repetitively referring to the case of Holocaust deniers in Europe—operates as a regulatory norm within society regardless of the legal status of a particular proposal, I will examine how such “remembrance through regulation” may (mis)operate, resulting in what Gunther Teubner had termed “regulatory trilemma” in East Asian public sphere.
Asia Europe Journal – Springer Journals
Published: Mar 11, 2017
It’s your single place to instantly
discover and read the research
that matters to you.
Enjoy affordable access to
over 18 million articles from more than
15,000 peer-reviewed journals.
All for just $49/month
Query the DeepDyve database, plus search all of PubMed and Google Scholar seamlessly
Save any article or search result from DeepDyve, PubMed, and Google Scholar... all in one place.
Get unlimited, online access to over 18 million full-text articles from more than 15,000 scientific journals.
Read from thousands of the leading scholarly journals from SpringerNature, Elsevier, Wiley-Blackwell, Oxford University Press and more.
All the latest content is available, no embargo periods.
“Hi guys, I cannot tell you how much I love this resource. Incredible. I really believe you've hit the nail on the head with this site in regards to solving the research-purchase issue.”Daniel C.
“Whoa! It’s like Spotify but for academic articles.”@Phil_Robichaud
“I must say, @deepdyve is a fabulous solution to the independent researcher's problem of #access to #information.”@deepthiw
“My last article couldn't be possible without the platform @deepdyve that makes journal papers cheaper.”@JoseServera