손해배상(기)
The judgment below is reversed and the case is remanded to Seoul High Court.
The grounds of appeal are examined.
1. On July 30, 2013, the instant summary and the key issue Defendant criticizeed the J of the E market at the time, and announced a name stating “I National Assembly member, which is the symbol of the Sejong North Korea, in the F Clean Sea Area where H’s territorial divorce is diving.”
The Supreme Court's scope of adjudication is a claim for consolation money on the ground of infringement of personal rights due to the above expressive act, and the issue of this case is whether the above expressive act of the defendant exceeded the limit of expression of opinion and constitutes tort by constituting an insulting and dissatising personal attack against the plaintiff.
2. Whether the tort caused by expression of opinions is constituted;
A. In a case where an expressive act has expressed critical opinions against another person, if the form, content, etc. of the said expressive act falls under an insulting and dissatisfy personal attack or an act of publishing distorted facts going beyond a certain degree of exaggeration about another person’s personal affairs, thereby infringing on another person’s personal rights, such act may constitute tort as exceeding the bounds of the expression of opinion.
(see, e.g., Supreme Court Decision 2005Da65494, Apr. 9, 2009). Meanwhile, public interest issues, such as speech or relationship in the public domain of public figures, such as political persons and public officials, should be more widely disclosed and verified due to their social influence, etc., and the filing of a problem should be permitted.
Therefore, insofar as the critical expression about it does not reach the extent that it was malicious or considerably unreasonable, it constitutes a tort easily.
It does not mean that it is legally responsible.
Moreover, Supreme Court Decision 2012Da19734 Decided August 20, 2014 is that a member of the National Assembly, who is a representative of a citizen, is granted a wide range of authority on legislation and national control, and is guaranteed the privilege of immunity so that he/she can perform his/her duties properly, and also enjoy the freedom of speaking in other ways with ordinary public officials, etc.