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(영문) 대전지방법원 2015.02.12 2013고정2318
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The defendant shall be innocent.

Reasons

1. In the facts charged, the Defendant was the reporter of the online newspaper Category D’s three branch offices, around April 4, 2013, and around Daejeon (Seoul) and around April 4, 2013, the victim school foundation E was lawfully dismissed by the procedures of the former president of the F University on the grounds of multiple disciplinary actions, and the lawsuit seeking confirmation of invalidity of dismissal, which was instituted by the G president, has already been terminated by the compulsory adjustment decision on April 2012, and the disciplinary action against some teachers and staff has already been followed by the procedures of disciplinary action, and the authority of disciplinary action against the teachers and staff was not directly involved in the disciplinary action against the school foundation’s board of directors, the new president, the victim of the school foundation’s board of directors, or the secretary general of the school foundation, posted the article as J, and “the entire contents of the article deleted.”

As a result, the Defendant illegally dismissed the former president of the school juristic person E, who is the victim, for the purpose of slandering the victims, and damaged the honor of the victims by openly pointing out false facts as if the president of the new president H and the secretary I were unlawfully punished by teachers and staff.

2. Determination

A. In full view of the following circumstances acknowledged by the records, it is difficult to readily conclude that the Defendant unlawfully dismissed the former president of the school juristic person E, who is the victim, for the purpose of slandering the victims, and that the head of the new president H and the head of the secretariat, who is the victim, have damaged the reputation of the victims by openly pointing out false facts, as if they were unlawfully disciplined school personnel.

1 With respect to articles that a school juristic person E illegally dismissed a former president on August 22, 201, the school juristic person violated the regulations and procedures of the school juristic person with respect to G of the former president on August 22, 201, the school juristic person attempted to circumvent its functions by failing to comply with the instructions of the president of the school juristic person and the board of directors.

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