[2] The case holding that in a case where the chairman of the specific commercial building management council reported the settlement of accounts of the above management council and notified that he was convicted of assaulting himself due to a dispute over overdue management expenses, etc., the illegality is excluded by Article 310 of the Criminal Code as to the interest and interest of the whole building management members

In order for an act that defames a person by publicly alleging a fact to be punished, the illegality is related to the public interest when objectively viewed, and an actor also indicates the fact for the public interest. Here, the term "public interest" includes not only the public interest of the State, society, and other general public, but also a specific social group or the whole members thereof. Whether it is related to the public interest or not shall be determined by comparing and determining the degree of infringement of reputation that may be damaged or damaged by the expression, taking into account various circumstances such as the contents and nature of the alleged fact itself, the scope of the other party to whom the relevant fact was published, and the method of expression, and the degree of infringement of reputation that may be damaged or damaged by the expression, and even if the major purpose of the actor expressing the fact is for the public interest, the application of Article 310 of the Criminal Act shall not be excluded (see, e.g., Supreme Court Decisions 97Do888, Apr. 11, 199; 207Do427, Apr. 26, 2007).

As to the facts of this case that the defendant, the president of the Korea Building Management Association on April 27, 2007, who was the president of the Korea Building Management Association, stated that the complainant and the non-indicted person (hereinafter "the complainant") committed assault against the defendant at the 8th meeting room of the above Building Management Council on April 27, 2007, distribution of the report of settlement of accounts, stating that the conviction of a fine of KRW 300,000,000,00 was confirmed, to the members present at the meeting of the members who were the management chairperson, thereby impairing the reputation of the complainant by openly pointing out facts, the court below determined that, after being dismissed as of December 15, 2003 due to the suspicion of disposal of delinquent management expenses as of December 15, 200, the defendant's new chairperson of the Korea Building Management Council, as the president of the above Building Management Council, was not guilty of the above facts charged by the above non-indicted person's prior notice of dismissal and payment of the charges of KRW 106.

However, even according to the facts found by the court below, the criminal act of the complainant, who is the contents of the criminal trial notified by the defendant through the above report of settlement of accounts, is committed by the complainant as an abuse of unlawful violence without any justifiable ground against the defendant's performance of duties as the president of the above building management council. In substance, it can be deemed that the complainant's failure to perform his official duties by the representative of the above building management council. Furthermore, according to the records, the complainant's refusal of the fact that the complainant publicly committed the defendant against the defendant within the management office of the above building management council against the public within the end of the crime, and the defendant was subject to a disposition of non-guilty suspicion on the ground that the defendant's failure to commit the above crime is a legitimate execution based on the rules of the management council following the criminal investigation conducted by the complainant

According to the above facts, it cannot be deemed that the above crime by the complainant is merely a mere use of private violence against the defendant's individual. Of course, the defendant's act of denying the facts of the crime and defending the legitimacy of the defendant's work as the chairperson of the above building management association and the defendant's behavior against the defendant and informing the members of the result of the above criminal trial to the effect that it is not legally acceptable in a violent manner. It is related to the interest and interest of the whole building management member as it concerns the public interest as it concerns the issue closely related to the public activities of the above representative of the building management association, and it can be deemed that the defendant's act is for the public interest in order to secure the trust of the members of the above business, secure the internal order of the organization, and promote the unity of the members. Even if the principal motive for the complainant is opened together, the defendant's act is not for the purpose and purpose of disclosure, the motive and nature of the facts, the scope and nature of the other party's expression and its degree of impairment, etc. as well as the public interest.

Nevertheless, the court below erred by misapprehending the legal principles as to the rejection of illegality in the crime of defamation and thereby adversely affecting the conclusion of the judgment, on the grounds stated in its reasoning.

The ground of appeal pointing this out is with merit.

Therefore, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Cha Han-sung (Presiding Justice)