2. The applicant may submit a document which has concluded a payment guarantee entrustment contract with the above deposited amount as the insured amount.

3. The applicant's remaining requests are dismissed.

4. The costs of the lawsuit shall be divided into two parts, one of which shall be borne by the applicant, and the remainder by the respondent, respectively.

The following facts can be explained if there is no dispute between the parties, or if evidence Nos. 1, 2, 9-1 through 3, 10, 14-4, 6, 7, 8, 9, 10, 12, 15, 14-4, 6, 7, 8, 9, 10, 12, and 14-4, 7, 14-7, 8, 9, 10, 12, and 15, and 14-4, 6, 7, 8, 9, 10, and

A. Status of the parties

The applicant is the president of the church branch of the Seoul (hereinafter omitted), (name omitted), (name omitted), the president of the assembly of the religious order (name omitted), and (name omitted) the president of the (name omitted) company established around 1988, and the respondent 2 is the author of the book in the attached list (hereinafter the book in this case) and the respondent 1 is the publisher of the book in this case.

B. The motive and background of the book of this case

(1) From around September 1990, the respondent 2 written a breadth-related writing and published or published mainly on a publication, and written and published the book "climatic criticism of the church system" at the request of the (name omitted) of July 21, 1993. However, as to the above book (name omitted) was thought that (name omitted) did not assist in any way unlike the previous promise before the publication, the respondent 2 had a good appraisal about (name omitted) from around September 1993, and it was thought that (name omitted) church chairperson and the applicant who is the chairperson of the (name omitted) should be summoned.

(2) From the end of October 193, the above respondent purchased and studied the author's books and materials written by the applicant with the cooperation of (name omitted) inter-party counseling centers, etc., and in the course of this research and data collection, the above respondent concluded the publication contract of this case with the Respondent as the Respondent's publication contract of this case as the Respondent's publication on November 1, 1995 with the cooperation of (name omitted) from November 1, 1994, and (name omitted) February 2, 1995, and the Respondent's publication contract of this case as the Respondent's publication contract of this case as the Respondent's publication on November 1, 1995.

(3) Of the instant books, the Respondent 1 issued the instant books in the judgment that the part of Chapter 6, especially the “political conduct under the reverse regime of the applicant pastors” and Chapter 7, “(Examination omitted) criticism,” which has a big influence on the applicant’s designated level and influence in Korea, (name omitted), and (name omitted), leading a large number of the readers’ interest, and the publication of the instant books was made at the beginning of December 23, 1995, and began to distribute them to the nation, after printing of the first 10,000 copies on December 23, 1995, and published the instant books in the Korean newsletter two times in Busan, Busan, 4 times in the Korean newspapers, 4 times in the Korean Media, 1 in the Korean Media, one time in the Korean Media, and one time in the Korean Peace newspapers, and one time in each of the instant advertisements.

C. Composition of the book of this case

The book of this case consists of the head, the first applicant's criticism of the third applicant's wooden theory, the second applicant's criticism of the last half of the year, the second applicant's criticism of the second applicant's wooden theory, the third applicant's criticism of the chairman's religious opinion, the fourth applicant's religious opinion, the fourth applicant's religious opinion and the fourth applicant's religious opinion, the fifth applicant's religious behavior and the fourth applicant's religious opinion, the 7th applicant's political behavior under the presidential regime of the sixth applicant's religious opinion, the 7th applicant's political behavior, the fifth (defluence), the eight (defluence), the eight (defluence), the applicant's pastor, the 9 (defluence), the applicant's religious opinion, and the 10 applicant's religious opinion. From Chapter 6 to Chapter 10, the author criticizes the applicant's moral aspect of the applicant's ethical aspect.

2. Determination as to the existence of a preserved right

A. Infringement of personal rights, honorary rights, and privacy

The applicant asserts that, as the cause of the instant application, the instant book impairs the applicant’s reputation and infringes his personal rights and privacy by expressing false, distorted, or exaggerated facts about the applicant’s religious officer, character, privacy, etc., and thus, the applicant sought prohibition of publication, etc. of the instant book based on the above rights.

Pursuant to Article 10 of the Constitution, personal rights as a general concept referring to the freedom, life, reputation, etc. exclusively belonging to human beings are guaranteed. Based on such rights, honorary rights and privacy rights as stipulated in Article 17 of the Constitution are guaranteed. Such honorary rights and privacy rights have the same nature as real rights and have a claim for exclusion of disturbance or a claim for prevention of disturbance against infringement. On the other hand, a claim for prohibition against the issuance, publication, printing, reproduction, sale, distribution, advertisement, etc. of any expression is similar to the permission or censorship for the press and publication prohibited by Article 21(2) of the Constitution, which is a prior restriction on expression, and is similar to the determination of the alleged fact, the form and degree of infringement, the degree of infringement, the subjective intention of the infringer, the relationship between the infringer and the victim, and the social status. From this point of view, the applicant's claim for prohibition against publication, etc. should be exceptionally acknowledged only in cases where the reputation and privacy of an individual is seriously infringed.

(1) The part of the applicant’s space between the Jindo (mama, Chapters 1 through 5)

According to the statement of No. 2 of this case, the applicant's end of this case's book is not that of his 5 pages. The applicant's end of this case's book is not that of his 5 pages. The applicant's end of this case's 1 book is that the applicant's end of this case's 7th anniversary of his 4th anniversary of his son's non-existence of his son's opinion. The applicant's end of this case's 7th anniversary of his son's non-existence of his son's opinion is that the applicant's end of this case's 5th anniversary of his son's non-existence of his son's opinion, the applicant's end of this case's 14th anniversary of his son's non-existence of his son's opinion, the applicant's end of this case's 5th anniversary of his son's non-existence of his son's opinion, which is the most important part of his son's opinion.

The applicant has been working in the church line for 38 years as the chairperson of the (name omitted) church, the applicant's 70 million members of which is the world's largest church, and has been working in the church line for 38 years. The applicant is working in the general assembly of a religious order (name omitted) with the entire world of 30 million people, and (name omitted) at the 79th general assembly held in 194, released the applicant's conflict between the doctrine of the applicant, and even though the 79th general assembly held in 194, which had positive assessment of the applicant's doctrine, including the non-applicant's timber and Kim Jong-hwan, the respondent asserts that the applicant has damaged the applicant's reputation and infringed on his personal rights by expressing the applicant's doctrine of the doctrine of the applicant's falsity and distortedly.

However, our Constitution guarantees freedom of religion under Article 20 (1) and such freedom of religion includes not only the freedom of religion, but also the freedom to criticize other religion or doctrine for this purpose. Since there are evidence Nos. 2 and notarial parts, the authenticity of the entire document is presumed to have been established, in full view of each of the evidence Nos. 11 and 5 of the wall Nos. 5 of the 1994, which was held before the 79th general assembly held on 194, it is difficult to see that the Respondent's personality rights were infringed upon by the Respondent's opinion or that it is hard to see that the Respondent's personal rights were not established in the Respondent's opinion or that the Respondent's opinion cannot be viewed as a Respondent's opinion or that it was an infringement upon the Respondent's personality rights.

In addition, the Constitution of the Republic of Korea requires the religious neutrality of the State by providing that "No state religion shall be recognized, and religion and politics shall be separated" in Article 20, Paragraph 2 of the Constitution, and therefore, it shall not be declared that any particular religion or doctrine is right and wrong by the court in disputes arising from the separation or inter-existence of a particular religion, and any criticism against it shall not be declared unlawful.

Therefore, the part of the book of this case that the applicant infringes on the applicant's personal rights and honorary rights (the head and Chapter 1 to Chapter 5) among the books of this case is without merit without any need to examine any more.

(2) Part of the criticism in Chapter 6 of the political conduct under the dynamic regime (131 to 154), Chapter 7 (Examination omitted) (155 to 182).

The Respondent 2 thought that the applicant would be retaliation against the applicant (defluence of the newspaper) and the No. 5 of this case. The main motive of this book was that the respondent 1 published this book, inter alia, the criticism of the applicant’s political activities and (defluence of the newspaper) was so concealed that the applicants would sell a large number of books of interest. According to the evidence No. 2 of this case’s book, the applicant’s political activities under the No. 6 of the book of this case’s book of this case’s book of this case’s 140 pages, and the applicant’s political activities under the No. 141 of this case’s book of this case’s book of this case’s book of this case’s 140 pages, and the applicant’s political activities under the No. 5 of the No. 1 of this case’s book of this case’s book of this case’s No. 1 of this case’s defluence of the No. 1 of this case’s book of 14141 of Pacific.

In light of the above facts alleged in the above, the above part of the book of this case, which affected the social evaluation of the applicant, is deemed to have seriously infringed upon the right of honor among the personal rights, in light of the following factors: (a) the authenticity of the stated contents in the book of this case; (b) the motive and intent of the respondent written and published the above contents in this case; and (c) the social status of the applicant.

(3) Part of the Statement of Disclosure sent to the Secretary of the Applicant of Chapter Ten (229 to 237)

피신청인들이 이 책을 저술·출판하게 동기는 앞에서 살펴본 바와 같고, 위 소갑 제2호증의 기재에 의하면, 이 사건 책의 제10장 신청인(다윗) 목사에게 보내는 공개질의서는 233면부터 237면까지에서 "귀하의 장남인 (성 생략) 모씨는 본처인 전직 탤런트 신청외 1과의 약 3년간의 결혼생활을 청산하고 89년에 이혼하였습니다. 그런데 월간 퀸 93년 3월호에 의하면 귀하의 장남 (성 생략) 모씨는 일본 여성과 재혼하였다고 하였습니다…우리 기독교인들은 하나님의 말씀을 거역하고 불신자나 (성 생략) 모씨와 마찬가지로 제멋대로 이혼해도 되는 것입니까?… (성 생략) 모씨의 두 번째 주례는 신청인(다윗) 목사가 맞다고 사료됩니다…목사의 자식은 결혼생활 중에 외도나 불륜행위를 범하고서 회개하여도 하나님께서 용서해 주시는 것입니까?… (성 생략) 모씨의 전처 신청외 1은 협의이혼의 대가로 2억 5천만 원을 받았다고 하는데 그 돈의 출처를 밝힐 의향은 있는지요, 없는지요?…귀하의 장남 (성 생략) 모씨가 이혼을 하고 재혼을 함으로써 귀하의 (이름 생략)교회 교인들도 마음대로 이혼하고 재혼할 수 있는 길이 열렸다고 생각되는데 여기에 대해서 귀하는 어떠한 견해를 가지고 있습니까?… 신청인 목사의 지금 나이는 60세이고 그의 아들 세명은 모두 다 군대에 가지 않았다."라고 표현한 사실이 소명된다.

In light of the above facts, the above contents of the expression do not appear to be open to the public as a fact about the applicant's privacy, which is not widely known to the general public, and when considering the motive that the respondent expressed and published the above contents, and the social status of the applicant, etc., the above contents of the expression affected the applicant's social evaluation. Therefore, the above part of the book of this case is deemed to have seriously infringed the applicant's right of privacy and honorary rights among the applicant's personality rights.

(4) If so, the claimant's assertion is justified to the extent that the part of the disclosure statement sent to the applicant's pastors of political conduct under the reverse political authority of the applicant in Chapter 6 among the book of this case, the criticism of Chapter 7 (name omitted), and the criticism of Chapter 10 to the applicant's pastors of this case is infringed upon the applicant's personality right.

B. Judgment on the respondent's defense

The respondent 2 argues that the above mentioned contents in the book of this case are based on true facts, and the applicant is officially recognized in our country and the book of this case is for the public interest of protecting the Domincian. Thus, the applicant's honorary right, privacy right, etc. is dismissed.

First, with respect to the political activities of the applicant under Chapter 6, the above respondent presents that the applicant is able to hold a opportune and defend his own financial power, and that the applicant presents "I must obey all the rights and interests of the applicant" in this article, but in the next, the applicant emphasizes that "I will not see that I will see the right and interest of the applicant when I would see ......... I will see that I will .... I will ... I will see that I will .... I will ... I will .... I will see that the applicant is opportune and I will observe the religious compromise." The above respondent presented that the applicant is opportune and flune for the applicant's opportune and flune in North Korea, the applicant's opportune of North Korea's opportune and the applicant's opportune of North Korea's opportune and 3's.

Next, in relation to the criticism part of Chapter 7 (Examination omitted), it cannot be concluded that the respondent and the applicant (Examination omitted) did not practice the fundamental spirit of the Lease Doctrine in light of the motive that the above respondent written the above contents in order to retaliation the (name omitted), the unification school, the organization of the unification school, and the global daily newspaper after the publication of the above respondent, and therefore, "I have never set up a single promise at the time of preparation for the creativity", and therefore, "I have voluntarily set up the promise at the time of preparation for the creativity" is a false statement of fact. In light of the evidence 8-1 through 19 of the wall No. 8 without dispute in the establishment, it cannot be said that the applicant and the (name omitted) did not practice the fundamental spirit of the Lease Doctrine. In addition, in light of the motive that the above respondent written the above contents in order to retaliation the (name omitted).

Finally, in relation to the part of Chapter 10's Statement of Disclosure, the above respondent raised a defense to the effect that the applicant could not make a wide range of the content of the applicant's privacy (so-called "so-called "so-called "so-called "so-called" of the public interest for the public interest of protecting the Doctrine as the applicant's official seal, but the above reasons alone do not constitute a legitimate public interest, and there is no other evidence to acknowledge it, and therefore, the above part of the defense is without merit.

3. Determination as to the existence of necessity for preservation

On December 23, 1995, the book of this case started to be printed on the first 10,000 copies of the first 23 December 23, 1995 and began to be distributed to the nationwide book, and the fact that the book of this case was printed on two occasions in the first 1st and Busan daily newspaper, four times in the first 2nd, in the first 4th, in the media (in the first 2nd 2nd 1st 2nd 3th 1995), once in the first 2nd 1st 1st 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 3th 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 3th 2nd 2

4. Conclusion

Therefore, the applicant's application of this case is justified because it is clearly explained that the right to be preserved and the need to preserve for each part of the "political conduct under the dynamic regime of the applicant in Chapter 6" (Articles 131 through 154), "(name omitted)" (Articles 155 through 182) and "written public statement sent to the Applicant in Chapter 10 (Articles 229 through 237)" (Articles 89, 92, and 93 of the Civil Procedure Act are all met for the sake of the respondent's deposit of KRW 10,00,00 for the guarantee. Thus, it shall be accepted within the scope of the above recognition, on condition that the respondent deposits KRW 10,00,000 for the guarantee, the remaining application shall be dismissed as it is without merit, and the remaining payment of litigation costs shall be determined as per Disposition by applying Articles 89, 92, and 93 of the Civil Procedure Act.

Judges Lee Lee-ju (Presiding Judge)