[국회의원선거법위반][집27(2)형,18;공1979.9.1.(615),12050]
"Slandering a candidate by pointing out facts" in Article 162 (1) of the former Election of National Assembly Members Act (Law No. 1256, Jan. 16, 1963) and the case not constituting a slandering a candidate under the same Article.
"Slandering a candidate by pointing out facts" referred to in Article 162 (1) of the former Election Act means that a candidate by pointing out facts related to the candidate and slandering the candidate, including indirect facts related to the candidate himself/herself, but may interfere with the candidate's election. However, unless it is related closely to the candidate's election, matters concerning the policy of the political party to which the candidate belongs and personnel affairs belonging to the political party are not included in the candidate's defamation.
Article 162(1) of the former Election of National Assembly Members Act (Law No. 1256, Jan. 16, 1963)
Defendant
Prosecutor
Daegu High Court Decision 74No291 delivered on December 30, 1975
The appeal is dismissed.
Judgment on the grounds of appeal by the prosecutor
According to the reasoning of the judgment of the court below, the court below held that the defendant's speech did not constitute this crime on the ground that the crime of aiding and abetting the candidate under Article 162 (1) of the Election of National Assembly Members Act (No. 1256, Jan. 16, 1963; hereinafter the same applies) was based on the premise that, for the purpose of committing the crime of aiding and abetting the candidate, by finding defects in the candidate's personal status, personal career, personality, etc., it should be subject to examination or personal attack, thereby causing the citizen to make a judgment by criticizeing the specific candidate, and thus, the defendant's act of slandering the citizen to the extent that it would prejudice the fairness of election by harming the citizen.
"Slandering a candidate by pointing out facts" as provided in Article 162(a) of the Election of National Assembly Members Act refers to a slandering the candidate by pointing out facts related to the candidate, and it shall be deemed that the candidate's personal status, career, or character is directly related to the candidate himself/herself, and even if indirect facts are involved, it shall include not only those related to the candidate, but also those which are of such nature as likely to interfere with the candidate's election. However, it shall not be deemed that the candidate's policy of the political party to which he/she belongs and those related to the party's personnel management (in this case, matters related to the candidate's political party's personnel management are not expressly related to the candidate's election, unless they are closely related to the candidate's election.
The decision that the original judgment did not constitute a crime of slandering a candidate as stated above is justifiable in light of the records.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Kim Young-chul (Presiding Justice)