The judgment of the court below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.

The grounds of appeal are examined.

1.(a)

Whether a certain article of the press constitutes a tort by damaging another person’s reputation or not shall be determined based on the overall appearance that the article presents to the reader in comprehensive consideration of the objective contents of the article, the ordinary meaning of the used words, the connection method of phrases, etc. under the premise of the ordinary method of dealing with the article, in relation to the overall purport of the article. Moreover, the meaning of the relevant expression should also be considered in light of the social flow that served as the background of the article.

(1) In cases where an expression of a person’s reputation is damaged by another person, the expression of a person’s reputation shall be deemed unlawful if it is solely for the public interest and its purpose is for the sake of the public interest. In addition, the expression of a person’s reputation shall not be deemed unlawful if it is true or if it is for the sole purpose of the expression of a person’s reputation.

(1) The term “when the objective is solely for the public interest” means when the stated fact objectively concerns the public interest, and the actor also expresses the fact for the public interest. If the principal purpose or motive of the actor is incidental to the public interest, it shall be deemed that there is no other private interest purpose or motive (see, e.g., Supreme Court Decisions 95Do1473, Oct. 25, 1996; 200Da37524, Jan. 22, 2002; 200Da37524, 37531, Jan. 22, 2002). The term “when the objective is solely for the public interest” in this context refers to the expression “when the objective is for the public interest.” The expression “when the objective is for the public interest” refers to the expression “when the objective is somewhat different from the objective fact, it shall be deemed that there is a little difference between the objective fact and the objective fact.