[출판물에의한명예훼손][공1995.8.1.(997),2693]
Whether the illegality of defamation by publication, etc. cannot be justified even if it was an act solely for the public interest.
The illegality of defamation under Article 307(1) of the Criminal Act is denied when it is true and solely for the public interest. However, defamation by publication under Article 309(1) of the Criminal Act is obvious in light of Article 310 of the Criminal Act that the illegality of defamation is not dismissed even if it was solely for the public interest.
Articles 309(1) and 310 of the Criminal Act
Supreme Court Decision 84Do1547 delivered on September 11, 1984 (Gong1984, 1684) 85Do785 delivered on May 27, 1986 (Gong1986, 831) 86Do1603 delivered on October 14, 1986 (Gong1986, 3072)
Defendant
Defendant
Seoul District Court Decision 94No6312 delivered on April 4, 1995
The appeal is dismissed.
The defendant's grounds of appeal are examined.
In light of the provisions of Article 310 of the Criminal Act (see Supreme Court Decision 86Do1603, Oct. 14, 1986; 86Do1603, Oct. 14, 1986; 86Do1603, Oct. 14, 1986) that the illegality of defamation by publication pursuant to Article 309(1) of the Criminal Act is denied when it is true and solely for the public interest. However, defamation by publication pursuant to Article 309(1) of the same Act cannot be viewed as an act that does not violate the social rules, since the defendant's so-called of this case cannot be viewed as an act that does not violate the social rules, there is no error of law such as theory of lawsuit.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.
Justices Shin Sung-sung (Presiding Justice)