(영문) 서울중앙지방법원 2007.8.17.선고 2003가합85635 판결

from March 15, 2004 to the service date of a copy of the complaint of this case shall be 5% per annum, and full payment shall be made from the following day.

By the day, 20% interest shall be paid at each rate of 20% per annum.

Reasons

1. Fact-finding;

A. Status of the party

The plaintiffs are investigators belonging to the National Intelligence Service (the previous National Security Planning Department; hereinafter referred to as the "State Security Planning Department");

Defendant ○○ is the representative of the △△△ book publishing and in the accident of explosion of the KAL aircraft belonging to the Korea Civil Service.

on May 10, 2003, published on May 10, 2003, 'Jail'(hereinafter referred to as 'the novel of this case');

The author confirms that △△△△△△△ is conducted by the author, and Kim Jong-hee's destruction and contribution (hereinafter referred to as "the book of this case").

A) A person who was translated and published on March 15, 2004, and the Defendant is the pen name of “xxxxxxxxxxxx”; and the same shall apply to this case.

It is a person who has provided a fluence.

(b) the Korean Civil Aviation KAL 858 cases;

(1) The KRL 858 aircraft belonging to KAL 858 aircraft (hereinafter referred to as 'KAL 858 aircraft') is 1 November 1987.

28. 23: (on the basis of on-site time) at 27 : (on the 29th day of the same month, the 23th day of the same month; (on the 40th day of the same month)

20 20 c. 1 c. c. c. c. c. c.

On 29:05 per month during flight (on 14:05 per month on 05 local time, on 05) the inshore of Myanmar.

However, the accidents of death of 115 passengers by falling by explosion on the sea area and over the sea area (hereinafter referred to as "accidents").

'KAL 858 Rabbail Accident' occurred.

(2) The contribution of KAL 858 investigation into a breadth event shall be Kim Hyun-hee, a member of the North Korean public works committee (Haak-Ma).

(B) LAL 858 U.S. on the 28 November 1987, 28, 1987, at the Bag Airport

The following explosions shall be explosiond 9 hours from the time of boarding by the master radio of the master plan with a large-scale carbon:

(1) After putting in vinyl shopping bags and placing them in a line base, the franchise in an Abubanon airport which is a transit site.

The conclusion is that the KAL 858 aircraft released from the aircraft without having the posters radio as it is was cut.

On January 15, 1988, the investigation results of the above contents were announced.

(3) Kim Jong-hee was indicted on charges of violating the National Security Act, etc. and the Seoul District Criminal Court

The number of contributions made on April 25, 1989 by Kim Jong-hee in the case of violation of the National Security Act, etc. No. 89Gohap123 against Eul

As stated in the GAL 858 KAL, the death penalty shall be imposed on such criminal facts, etc.

The Seoul High Court (No. 89No1475) rendered a decision on the appeal and appeal by Kim Jong-hee, and the Seoul High Court (No. 89No1475) made a decision on July 1989.

22. An appeal, while the Supreme Court (No. 89Do1670) rendered a judgment dismissing each appeal on March 27, 1990.

- Slag KE858

K Team personnel, who conduct the overseas public works of Namsan, referred to the information agency of Korea, are Bag Bag Bad Sar Baz.

On November 29, 1987, 1987, an Abuvia Airport inspected cargo partitions of KS858 for status on dispatch of officers on board at the international port.

I am off at Abubavia airport. They are young women who joined the KE858 at the Abubavia airport and young men who are aged 70 years and aged 70.

The KE858, which takes off the Adabanon airport, is considered to be the personnel of Namsan. The explosion is over the Ababababin airspace in Magaman.

and 115 passengers, etc. were dead without shaking.

- KGB

In recent years, the notification is given to see that there are abnormal movements in South-North Korea's information agencies in the coast of Europe and the Middle Sea.

of the KGB’s Central East Africa, the person responsible for the East Africa, shall report the disappearance of the aircraft of the Dagd Round South Africa.

Japan, Japan, the 15 persons from Abubavia, and the trend of the staff of the ship, the Haba, the Haba, the Haba and the Habag.

order to monitor.

- At Han-ging

KE858 passengers will leave the form of KE858 passengers on the ground of the Capproice Island over the airspace above the sea.

In order to return to Korea for last overseas operations in the United States of America, and to return to Seoul, and to dissect a superior;

From R to R, the outlined description of the operations has been given. They are in Paris, which is the European public base of Namsan.

The notification was received on November 27, 1987 from the operations entity.

- Trackingrs

on November 29, 1987, detection of persons who have been driving at an international port of Loma Romana Radar Radar Radar Madar Madar Madar Madar Madar Madar

The moving to Paris using trains instead of the aircraft shall be made by using trains. The success of this factory shall be the implied or cooperative of CIA in the success of this factory.

I think that those who did not know about the possible decision should be KGB personnel.

- Sea water and spanifies

KE858 The missing news of the KE88 has emerged as a saw News, and the above flight aircraft has not passed through any point which is a point of notice of location.

Even if the accident search team did not have reported about the brokerage of Karen weapons, most of the search for 10 days during the 10-day search.

He moved to the place of a contact with the autopsyus, and thus, he was arrested at the highest person in charge of the transfer of South and North South Korea, Kim Jong-sik.

I am. I am I am. I am I am I am I am I am I am I am I am I am I am I am I am.

- father's snow, balone telephone;

The Cho Yong-hun is directed on the Monmon, and his father left his father. The father of his father is a tree. The laver of the Monmon is a laver. The laver of the Monmon.

L. Singingon decoration is a Modle telephone that the hotel room 311 is dangerous at the same time during his or her he or she is in motion. He or she may do so.

Madna, Japan, who was a second time in the Monararist's Monel, was able to stay in the hotel 311 of the above hotel at night.

chapter 30.

- - the 13th presidential election

In the Republic of Korea, the presidential election was increasing. In the Republic of Korea, the number of candidates for Nowon-do, Kim Young-gu, Kim Jong-gu, Kim Jong-kak were heated.

The election campaign has been carried out. The election campaign has been carried out. The election campaign has been carried out. The election campaign has been carried out for the father of the police investigation officer who is charged with the police investigation.

I ordered the arrest of Mad-U.S., however, we know in advance that Mad-U.S. police officers' instructions to arrest Mad-U.S.

As such, the elderly who had already left the airport and was together with the Haak, had died at the airport. Madman is in charge.

The cause of the death of the elderly was caused by toxic chemicals, and 5 forms of vertebranes, and nives of nives.e.

I would like to hear and see that there was no response to toxic chemicals, and that there was a Korean person with investigators at the time.

- The hotel murder case and the strong leader of a strong group in the steel feld Ri

Madmona shall be certified 310 of a hotel in a steel fela with the body hidden in a guest room with the five-story hotel in a hotel in a way that is suitable for the hotel in the steel felela, and the body is hidden.

A male who kills knife kn's kn's kn's kn's kn's kn's kn's kn's kn'

of this chapter. The head of the Cho Yong-hun shall give a warning as to whether a male in the examination horse is in connection with the K Team of Namsan and the danger by telephone.

One person is confused, and one person is the leader of the Paris Kanmbang Kan Kincel Kincel Kincel Kincela case

conduct of investigation.

- Diplomatic bags

Korean aircraft missing cases were hardened by the North Korean Institute of Raban terrorism. On November 27, 1987, the Kimpo Airport on the ground that the Korean aircraft missing cases were hardened by the North Korean Institute of Raban terrorism.

KS858, which is an accident aircraft, has been placed with a mark of Diplomatic bags while being placed with hand-on prior to take off.

The cargo and its cargo are not known to cause the KE858 FE8. At that time, the electric wires are laid in the cargo.

동그랗게 말려 있는 것을 보았다 . 기태는 이번 사고와 그 화물이 연관이 있다는 생각을 떨쳐버릴 수 없

was made.

- The Paris Office of the Republic of Korea, the Republic of Korea, the Republic of Korea,

Mansan listened to the case of murder of hotel in the steel fela, and informed the Namsan Headquarters of the emergency situation. The Namsan promptly reported the emergency situation.

Hashe was in office and other European networks under the K Team are put into the post of autopsy. The Office of Free Trade Paris shall be put into the post of the People's Republic of Korea.

An autopsy was not able to grasp the whereabouts of a decoration so that marble marbles may pass, and a marble mar, depending on the circumstances from Namsan.

Doingly, I had been able to say that it is difficult to do so. He attended the Eastern Session and several stories related to the cargo of the KE858.

The author talked about the master.

- Bara police, Mabre Magman

Madman could not be able to understand whether Madern oil and dead Hadern oil should be sent to Korea.

They are only suspected of possession of a forged passport, and there was no suspicion of explosion of the KE858. They entered Brerein.

Then, only during this framework, the Korean side has been engaged in local tourism. The line of line between them in advance.

I also tried to see whether he was aware of the fact that he was accommodated in an unclaimed hotel. Korea and the U.S. side must be kept clean.

The KE858 requires the delivery of Ma-U.S. soldiers to Korea, on a 10-day official basis, at 10-day basis.

The government was terminated and announced the disappearance of 115 victims. On December 13, 1987, on the cargo ships of Korean nationality.

의해 발견장소와 동떨어진 곳에서 구명보트가 수거되었다 . 구명보트는 겉은 멀쩡한 데 비해서 속에 들

Some of the contents in question appeared to be dissipated. Masan, where he or she intends to kill himself or herself, is the place where he or she intends to kill himself or herself.

The idea of "I" was written and omitted in the labor union.

- Water Security Headquarters

On March 3, 1972, 1972, the Twit-ro, a superior of the Twit-ro, was assigned to the water slope in the middle degree. The Twit-ro, a superior of the Twit-ro, is a high-speed.

M. M. M. M. M. M. M. H. L. M. H. M. H. H. H. M. H. H. M. H. H. H. M. H. H. H.

Seo-hun also has been transferred to Gangwon-do, after being consulted by a security officer in the underground room.

- Thailand missing

The Cho Yong-hun was able to see the Seoul destination of the Republic of Korea's presidential electoral voting paper and the Haak-Sa.

He left the past Adavia Airport, he said that his female and the elderly were gathered at any time, and that he was imped down.

I think that the election of the President is a counter-espionage because it is carried out by the inside and outside of the house and is strings to elect the President.

shall be subject to the adviser’s guidance.

- the proviso, dangerous living together, and wells of notice horses

Cho Yong-hun shall live together with the Japanese woman called Raco in Paris. However, the raco shall live together with the Japanese woman.

It is known that the male who is called kn't kn't kn't kn't kn't kn't kn't kn't kn'

The Paris Police, upon receipt of such information, tried to arrest the launa, but he had already escaped. For five days, the Paris Police attempted to arrest the launa.

The attitude that received the door is eventually a espionage, and it is unfolded.

- The South and North Special Public Aid Center

On August 8, 1973, the Cho Yong-hun who is preparing for employment after discharge from active service shall work together from the Jung-gu's order of work in Namsan.

The proposal was received. The Cho Yong-hun became a member of the Namsan National Assembly, was placed in the K Team overseas colon, and went to Japan.

- Two Korean Offices, Multinational Sea Dom, United States Students' Activities and Other Informations, Allied Embassys of Transboundarys

Mamama becomes aware that he is the Republic of Korea. Cho Yong-hun means that he is the Republic of Korea. Cho Jong-hun means the Paris light viewing.

He inform him of the fact that he had observed in relation to the murder case of hotel in the steel felgelel. He knows that he had been present. Hemar after his lessons.

Return of work is not right judgment, and it is concluded that it is not right judgment. Cho Yong-hun is aviation through the main place of Mali Sa Sari.

Although it was thought that the article used in a bomb wave was the same, it was born on the ability of Namsan on the other hand.

They came to know that a woman belonging to a photograph was a woman at Abubanon Airport, and he was aware of that woman at the Abubanon Airport. The notification of the Cho Yong-hun was made.

KGB has become aware of the involvement of hotel murder case in the steel felg.

- Korean magazines frequently

An article against South Korea’s investigative presentation under the title of the title that Korean magazines in Sweden frequently exceeded the suspicion of the KAL case.

The KAL case remains through an article on the same person as his/her address, father's occupation, and photograph.

Han authority's arbitrary possibility of writing.

-the sixth Republic of Korea, crisis launch, Visits, and prosecution;

The appointment consciousness of the President of the Mag Tae-Je-Jeman, Seoul, was being achieved. Mansan who tried to prevent the removal of Mansan's Mansan.

CIA became aware that it is desired to remove a decoration. Ultimately, the removal work of a decoration is conducted. An decoration is conducted.

The decision was made to demand compensation in return for the guarantee of confidentiality of the organization. The Ordinance of the Ministry of Education, the Ministry of Education, and the Minister of Education, the Minister of Education, the Minister of Education, the Minister of Justice,

Visits and affiliation to the female of this, the letter shall be prepared by identifying that he/she is a member of his/her meeting and her meeting with a letter.

- Contact lines, the highest confidential, secret and well-knownness of the Republic of Korea;

On July 1974, 1974 No. 1000 served as a confidential personnel in Japan. In the case of the so-called “meat water shooting”, the so-called “Woo-man.”

In March 198, 198, YOYYYY 3 million US dollars and passport, etc. are required to be involved in the LOG. The LOGYY YYYYYYYYYYYY ACT.

After he gradation with his father, women who are informed of the danger to himself at a hotel felg. Women's name are called their names.

Jina and KGB made it known to be TGB. Cho Yong-hun will make it walkn's nives of Namsan, and walkn's walkn's nives

The Cho Yong-hun, however, leaves Soviet by Soviet, but hemar hemar felara through telephone conversations with Sovietian on the day before the day.

The organization intended to kill itself is KGB, and it became aware that it attempted to end up to the reverse works of KGB.

- end of the circumstances

Cho Yong-hun shall receive USD 150,000 and passport from Man-hun. Three U.S. dollars who have failed to receive Man-hun shall do so.

A bomb shall be installed for one vehicle. An bomb shall be gombed and gomb shall be used for Chinese people, and this Chinese people shall automatic.

The vehicle explosion accident is dead. The autopsy dust makes an urgent report to the Namsan on the end of the situation.

- The President Rovia, KSP Project

On June 190, 1990, the Cho Jong-hun was serving as CIA personnel in Seoul for a period of nine years CIA in Scarroaro, and is currently packer.

에 고문으로 있는 롸드 에드워드를 만난다 . 조용훈은 롸드를 만나 자신을 청와대에서 보내서 온 사람이

I introduced the term "SIE" and suggested KIE that the President of Korea wishes to pay money in return for the selection of combat machine.

- The divorce of composition, the re-issuance of 3 years only;

Cho Yong-hun means all pets in the U.S. and reconceivates in the U.S., and from women, the post-National Armed Forces in Peru.

A. The Kamera was delivered. The Bamera had the room for university dormitory in the Bluxin and Bluxin.

- - KOREA 1987, Young Jins cases, F - 18 and F - 16

Any member of the National Assembly of the Republic of Korea who is aware of the truth of the case at KAL 858, who is a member of the National Assembly of the Republic of Korea, has been awarded a decoration.

살아있음을 보여주는 사진과 롸드 에드워드가 방문시 조용훈을 청와대의 수행원으로 해달라는 협박성

Ecuador, after arrival at the Kimpo-public port, has taken a cab and has occurred while on duty in Korea.

Ecuador who had been staying in Korea by raising the suspicion of the low-satise case. KEP project and the official of the KEP project.

K - 16 shall be selected by the President, and the Air Force Chief of Staff shall be from the President at the end of the last year, K - 18 of the last year.

I hear the direction to reconsider the prescribed KPE projects.

- The meaning of CIA, Cheongbu,

CIA의 공작처장 로버트슨은 롸드의 움직임을 파악하던 중 과거 자동차 폭발 공작에서 전직 남산요원이

We have known that it could be living. After full use, the KEP project is a conflict with the office section related to the KEP project.

They are forced to be hospitalized and dismissed by the personnel in the National Armed Forces hospital.

- Flagrant offenders, BCR information, classified 1st class, unilateral trade, brushing

The Scuad, Ecuad, F - 16, to be pursued by CIA upon being exposed and tracking by CIA, to avoid this;

의 대당 가격을 두 배 가까이 부풀린다는 생각을 가지고 대통령 몫의 리베이트를 결정하고자 한다 . 롸

under the final agreement with the President of the Republic of Korea required to deposit $30,00 in the account in the name of the next person after finishing his signature on the selection agreement.

under section 30,000,000 won in its account and leaves Canada using Boart.

c. c.

- e-mail, father, and children from Peru, blood, and awareness;

1997 that the head of the Silsan operating the head of the Silsan is the head of the Silsan and how the head of the Silsan changed.

Receiving e-mail from Peru and exchanging the e-mail with it. The protection of the Malina Group in Peru

It is clear that the decoration received is concerned about the father. From the decoration, the consciousness of his father's formation rule is examined.

The father of the Cho Yong-hun who has received the request of 'The father of the Cho Yong-hun' shall be found. The Professor Jong-hun shall transfer his father's consciousness to him.

The Cho Yong-hun had liveded in Peru in a disguised manner in Japan.

- The Head of Lifelong Eargu, the Magnax group, the Magna group, any person with many salaries, or crimes;

He receives a communication that his father's father is decent, and inform him of that fact through e-mail. For use.

J. M. M.T. Doz. Doz. in the Republic of Korea through Japan, however, prior to the arrival of the S. T. T. T. T. T. T. T. T. T. T.

He shall die. He shall be between his father's funeral hall. He shall be his father's funeral hall. He shall be his father's 49 years old, his father's 12 years old.

Modernization of snow by leaving the world.

- - Roundgs

To receive a set in which strict confidential information between Peru is written, and to inform the death of a decoration.

shall be subject to the order of the Corporation.

D. The content of the “safication of destruction or demonstration of Kim Jong-hee” is verified.

In the book of this case, △△△△△△, the original author of the book of this case, was 858 breadthed on November 29, 1987.

The investigation results of the donation at the time of the case and the statement of Kim Jong-hee, an offender of the case

Based on the fact that Kim-hee actually coverage and became aware of the conduct of Kim-hee, and the following various questions:

this entry.

(1) The Mask Kim-hee shall operate the Mask-kick-string aircraft at night on November 12, 1987 and at night on December 12, 1987.

If you fail to do so, we have to move in the Mosck for the same day, so we have to do so.

B. A person who stated that he was on the plane of the Masck-stamp-stamp-down flight machine, but on November 12, 1987 at the time when he was on the plane.

The next A.M.C. did not operate the Mask-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sak

In P.M., from Masck-ro to Masck-ro A had several flights;

② Since the arrival of Hungary, Kim Jong-hee, a tourist destination on November 15, 1987, after the arrival of Hungary.

T Square stated to the effect that 'Tquare' and 'Square bridge' were returned to the 'Square Square', but the Mau Pu Past test

There is no place having the same name as ‘Square' or ‘Square Bridge'; and

(3) A safe donation shall be made in braille with the telephone number of the base for the public works of North Korea of the vice-ponor in the pocket book of Kim Jong-hee.

Although the telephone number was stated in the title, the telephone number of any kindergarten is true.

had been, and

(4) Freeboard Kim-hee shall make a reservation to provide a hotel for cancer so that it arrives in the Austria and remains vacant.

D. However, it is stated that the hotel was accommodated in the above hotel No. 603, but the place where the actual hotel was scheduled to be a hotel is an empty space.

The hotel room actually administered was 322, and there was no "603," and there was no "603,"

⑤ The Kim Jong-hee was accommodated in 811 'Maropool hotel' in the Slovasa Slovasa Slovasa.

D. However, the facts were reflected in the ‘806'; and

(6) For the contribution of Ansan, from two public writers in North Korea at the guest room of the hotel of the benese-Bad's above.

Although it was announced that there was a delivery of a bomb, three male men in the way of the hotel in the above hotel of the person with Kim-hee mixed.

have passed after maturity:

(7) The telephone number of the Blugian's base for North Korea's public works in the Slugor's pocket book shall be braille cancer.

The telephone number was stated in the title, but it was true, the chemical company called 'Madcar'.

telephone number, and

(8) The Kim Jong-hee shall have the radio containing explosives, and the airport which is followed by the knives of the knives of the knives.

At the time of transit, he stated that he was punished by airport personnel and vagabonds due to the issue of radio distribution;

In fact, the radio distribution at the above airport was not a problem at the time of search for belongings;

9. The contribution was announced to the effect that the Defendant was arrested at the Hask-Ik-Ik-Ik-Ik-Ik Airport.

However, in light of the testimony of the doctor who diagnosed Kim Jong-hee immediately after the drinking, Kim Jong-hee was not hump at the time.

was deemed not to have existed, and

(10) A public announcement of celebal contribution among the shots and periodical liner photographs stamped by celebals and shots;

Scenics shown in the two photographs of Chapter 2 are re-explosed at the same location by the author of the same Gu newsletter.

As a result of the photographing, some of the above photographs were deleted because they were merely a part of the screen actually taken.

as soon as possible:

(1) A donation shall be made in any place where KAL 858 KAL 858 (UDRS) is final communications and in any place (UDRS).

Bo. (TAVOY) AVOY is announced to have a brupt, but is located on the west, as a result of the investigation.

Han Tol LIS (TOLS) and anywhere between UDRIS; and

(2) The flight of aircraft in the sea area located east of the area where the safe contribution was announced after an accident.

In light of the sea currents, wind direction, etc. of the affected sea area, this life expectancy has been discovered.

There is no string up to the above place, and the surface or content of the string shall not be damaged.

It is difficult to easily understand that only the pumps stored in the ship have been damaged.

In light of the above various questions, the author in the book of this case 858 breadth

The strike is caused by the national conspiracy and the government of South and North Korea's Republic of Korea's Republic of Korea

It argues that the work to clearly identify the offender is necessary.

[Ground of Recognition: Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 6, Gap evidence 7, Gap evidence 11,

Gap evidence 1, Eul evidence 1, Eul evidence 12, Eul evidence 12, Eul evidence 12, the purport of the whole pleadings

3. The parties' assertion

A. The plaintiffs' assertion

KAL 858 Exposure case was revealed that the North-North Korean Round Kim Jong-hee and that the terrorist incident was revealed by Kim Jong-hee

Notwithstanding paragraph (1),

(1) The theory of this case, in which the attached section of the lawsuit is described, shall be deemed to have been donated in advance by the KAL 858 Rab wave case.

In order to avoid the truth and to avoid the truth, a pattern of facts is developed and relevant data are developed.

by appending the substance of the case, the honor of the plaintiffs who have participated in the donation and investigation by distorted and misleading the substance of the case.

Defendant ○○ and the author, the representative of the publishing company of the novel in this case.

100, 000, 000 won, and damages for delay, shall be paid to each of the respective plaintiffs as damages.

(2) the Corporation; and

(2) In the instant case in which the entry of the attached book is written, the title of the instant book shall be deemed to have been made known at the time of the instant case.

§ 354, 196, 196, 196, 196, 196, 199

The substance of the case is distorted by developing facts in the form of an enemy report and attaching related materials.

Oral contribution and the honor of the plaintiffs, who are its investigators, have damaged the books of this case once.

Defendant ○○○ issued in the calendar shall compensate each Plaintiff for damages of KRW 200,000,000 and damages for delay.

have an obligation to pay in the same manner.

B. The defendants' assertion

The Defendants, as to the Plaintiff’s assertion, are the Plaintiffs, who are investigators of the instant novel and book in advance.

The illegality is illegal even if he did not impair the honor of the plaintiffs and has damaged the honor of the plaintiffs in household affairs.

DaNNNEN

4. Determination

A. Whether the victim is specified

(1) Whether there was a statement of specific facts that defames the plaintiffs' honor.

As seen earlier, the novel of this case spreads 858 KAL from the novel of this case, and conceals and

The author is the K Team, the overseas public works team of Namsan, referring to the internal contribution, and ex post facto in anywhere in the novel.

(1) The investigator in charge of investigation distorted the case or falsely fabricated the investigation results;

It is difficult to find out the part that it is.

In addition, the content of the book of this case is also investigated by the author while covering the case of KAL 858 breadth.

As a result, there are various facts different from the investigation results announced at the time.

on the basis of this, it is only a description that raises various doubts about the investigation result and specifically.

An information donation investigator distorted, distorted, or fabricated the substance of the case, or announced a false investigation result.

It is difficult to view that there is a statement of fact.

Ultimately, according to the plaintiffs' assertion, employees belonging to the novel or book of this case who somewhat contributed to the book of this case.

The action of this case shall be brought in accordance with ordinary principles and reading methods even if there is any part that defames the honor of the case.

From the standpoint of the general readers who contact the novel and book, the contents of the novel, etc. of this case shall be the novel, etc.

Intellectual / Ad hoc overseas public works team or its employees, who have been pointed out or proposed, shall constitute and implement the case;

It is accepted that the Plaintiffs, who are investigators, knew of such circumstances.

there is no statement of fact about the active participation in the concealment and manipulation of the case;

It is difficult to see that there is a specific statement of fact that defames the reputation of the plaintiffs.

(2) Whether the plaintiffs can be deemed to have been identified as victims

(A) In order to establish tort caused by defamation, the victim must be specified.

Of course, the victim was specified only when the name of the person or the name of the organization is directly expressed.

However, the contents of the expression in the position of the general readers are considered as having taken into account the surrounding circumstances.

The extent that it can be possible to find out whether the indication is a victim, and the victim is a victim.

of the content expressed by the person itself is not sufficient to recognize or assert that the person himself or herself is himself or herself.

(c)

(B) In the case of this case, the facts that impair the reputation of the plaintiffs in terms of family novels, etc.

Even if there was a timely statement, the Plaintiffs were in charge of the instant investigation through the entire litigation process.

They are only the former, and the division of duties and roles of them at the time of the investigation, and within the investigation organization.

In a state where the status and the specific contents of responsibility are not revealed, whether it is a general readers’ position.

In addition, the subject, etc. of the investigation that may be indirectly proposed in the instant lawsuit is the Plaintiffs.

it is difficult to see that the organization and the structure and characteristics of the business as followed;

In light of the above, from the standpoint of knowing the plaintiffs, such as volunteer fees around the plaintiffs, the investigating states of this case

There is no evidence to find that the body was immediately aware of the Plaintiffs.

B. Whether it constitutes defamation by collective labeling

The plaintiffs who are investigators of this case by impairing the honor of the novel and book of this case.

It is argued to the effect that the honor was damaged, so it does not refer to each individual specifically.

(1) The reputation of each individual belonging to the group shall be damaged for defamation statements that only indicate the group;

We examine whether it can be done.

Defamation by so-called collective labeling is a specific person belonging to a group.

It is difficult to interpret that it is against the individual member, and the criticism by collective expression is against the individual member.

The degree of criticism is dilution and does not reach the degree of impact on the social evaluation of each member.

If it is assessed as not being a member, defamation to each member is not established.

, however, the number of members is less than or at the time to be regarded as being for each member.

The circumstances, etc. may be deemed to refer to an individual member within the group in light of the surrounding circumstances;

individual members in a group shall be deemed to be specified as a victim, and the specific criteria therefor shall be

The size of the group, the nature of the group and the status of the victim within the group (Supreme Court)

May 12, 2006 (see, e.g., Supreme Court Decision 2004Da35199, May 12, 2006).

In the case of an internal donation, the number of members is less than that of the individual.

in addition, the collection of domestic and foreign information and the security of national secrets

Due to its nature, the organization and activities of the internal donation cannot be easily known to many unspecified persons, and the conspiracy of the internal donation

employee shall not disclose any confidential information he/she has learned in the course of his/her duties and even after his/her retirement.

Taking into account the fact that it is difficult for employees to easily know the duties, the Plaintiffs

(1) The plaintiffs, who are its members, have damaged the reputation of his or her safe contribution, as alleged in the

It can not be seen as a loss.

C. Whether the Defendants had intention or negligence

Even if the novel and book of this case damaged the honor of the plaintiffs, they shall be public.

information pertaining to the public interest and solely for the public interest shall be given in a timely manner;

If the fact was proved to be true, the act shall not be illegal, and the certification shall be given.

There is no reasonable ground for the actor to believe that it is true and that there is a reasonable reason to believe it.

(1) the alleged facts are true, and the alleged facts are true.

In determining whether there is a substantial reason to believe that there is a good reason, the details of the alleged facts, the truth

Determination based on the comprehensive consideration of various circumstances, such as the certainty and method of expression of grounds or materials believed to be such as:

of this case (see Supreme Court Decision 97Da19038 delivered on February 27, 1998).

The novels and books of this case are deemed to be materials of suspicions related to KAL 858 Exposures.

It is a historical fact that the truth should be identified, and the two Koreas are involved in the cooling War.

the truth of the above case, which caused a large number of harm to human life in the absence of this ties, is completely found.

The order is not only the victim's family members but also the subject of the national interest, and the follow-up of the contribution.

In the case of the National Intelligence Service, there is a timely announcement that it will re-examine the case, and for the truth and reconciliation.

In the past, the KAL 858 breadthed the investigation into the instant case. In addition, the KAL 858 breadthed

As can be known in the later part of the novels and the book, the re-investigation into the case of the 858 breadth.

In order to urge the publication of the novel of this case and the book of this case, this resignation is known.

The contents of novels and books are related to public interest and their purpose is for public interest.

On the other hand, the plaintiffs were found to have been found to have been due to the North Korean official Kim Jong-hee in the case of KAL 858 wide wave.

Based on the facts established by the judgment, the novel, etc. of this case is true or true.

The defendants' defenses to the effect that the illegality is excluded due to considerable grounds are groundless.

The judgment, however, is based on the evidence collected and presented at the time it is made.

Since fact-finding is established, it is final and conclusive within the norm and system as possible.

Even if the best judgment is the best judgment, it promptly concludes natural and historical facts.

(b) the appearance of new facts and the discovery of evidence, and the filing of doubts and finding of truth;

The instance system and the purpose of the review system, which are not to block the demands, etc., itself, of the system

and to the extent permitted, sound and reasonable criticism that is also apparent and acceptable to it.

(1) shall not be dismissed solely on the ground that the petition is against the established facts.

In the case of this case, evidence is collected after the occurrence of the case, and on the basis of such collection.

The results of the investigation were announced, and accordingly, Kim Jong-ran who is suspected of committing a crime through the prosecution.

He was prosecuted by the violation of the National Security Act, etc., and thereafter against Kim Jong-hee through the court's trial process.

The facts charged were affirmed as guilty, and the same basis until the closing date of the argument in this case

Unless there is any additional change in facts that would otherwise be different from the facts, on a different premise

It is difficult to see the content of the novel, etc. of this case which is investigated and organized as a truth.

Ir further, ① evidence 2 of No. 2, evidence 3 of No. 3 (including Serials), evidence 4 of No. 5 (including Serials), No. 500, No. 50

5 Each entry of evidence No. 13, evidence No. 13, and evidence No. 20 (including branch numbers) shall include the purpose of all pleadings.

'The Tribunal for the Countermeasures to Finding the Truth of Family Members of the Victims of the KAL of the Kim Jong-hee,' 'the Committee on the Human Rights of Man-ju,' and 'the Democratic History'.

There is suspicions related to KAL 858 Ram wave accidents by many organizations, such as 'Council of lawyers', etc. for the meeting.

In the case of TV, there are many suspicions related to KAL 858 Radar wave accidents.

The fact that a broadcast has been aired several times on the program can be recognized, and ② as seen earlier,

There is a timely announcement to re-examine the case of the National Intelligence Service, which is the follow-up of the father, and the truth and reconciliation.

for the purpose of this section, the Commission shall also initiate an investigation on the case of the 858 breadth; 3.

The book of this case was directly conducted by the author and related persons of the Kim-hee, who is a criminal of the 858 breadth wave case by the author.

collection of materials, and the results and comparison of the investigation of donations with the points mentioned above, in gathering materials, and with the points mentioned above.

As a result, the investigation results of the donation was raised, and the lawsuit of this case also has the form of the theory of lawsuit.

Due to the characteristics of the form, it shall be composed of or colored into a dives without specific basis for collecting data.

There are parts, but the basic foundation also has been raised in the book of this case, and the author and the author and the author and the author of this case.

the petition of the collected member of the National Assembly, whether it is based on the contents of the newspaper articles, etc.

In addition, the defendants still have a question in the announcement of the KAL 858 Rab wave case.

c) there is a reasonable reason to believe that the substance of the case is different from the result of the investigation of informed donations.

may be seen as having been in fact.

In particular, as to the case of this case, whether it is true immediately after the notice of the investigation result of the donation.

The voice raising suspicion has been constantly raised in society, and his or her objection is raised.

(1) The family or credibility in respect of which is not reliable and which is not persuasive, is derived from an ambiguous basis;

Even if, at all, it is not attributable to the suppression without any basis, but to the logical basis of its own.

the general liability for the protection of the lives and property of the people, and consolidation of national values;

(1) If a state agency bears it, it is somewhat difficult to say that the process of its acquisition is complicated and difficult.

for a long time, and even if the efforts and expenses have been required, the significance raised with internal awareness;

one m) one marguing process is required with the consent of the other party to the result.

The key to the investigation results is brupted in the side of the informed contribution, where the key to the investigation results is crupted.

Posive measures or opinions to resolve, and such dynamic and passive measures are not taken

In the case of this case, the person's attitude increases the question points surrounding the case, or is doubtful by some people.

Nor can it be denied that there are any circumstances that may cause convictions, and such circumstances also do so.

Determination as to the reasonableness of the motive of writing or issuing the instant novel, etc. by the Defendants

shall be taken into account as such material.

Therefore, even if the novels and books of this case damaged the reputation of the plaintiffs, they shall be avoided.

It is reasonable to see that high courts have no intention or negligence with respect to defamation.

5. Conclusion

Thus, each of the plaintiffs' claims against the defendants is dismissed as it is without merit.

It is so decided as per Disposition.

Judges

Quota of the presiding judge

Judges

Jin-Spot

Judges Kim Jae-sung

Site of separate sheet

A person shall be appointed.

참조조문

-국가보안법

참조판례

-대법원 1998. 2. 27. 선고 97다19038 판결

유사 판례

-대법원 2008.6.12.선고 2007다35695 판결

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