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(영문) 서울북부지방법원 2019.03.28 2018고정1395
명예훼손
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant is a person who was dismissed on April 25, 2014 after serving as a taxi engineer in Company B.

The Defendant asserted that he was unfair dismissal, and applied for remedy against B, “unfair dismissal and unfair labor practices” to the National Labor Relations Commission, and was dismissed as of August 8, 2014. The Seoul Northern District Court filed a lawsuit seeking confirmation of invalidity, etc., and received a dismissal judgment as of March 16, 2016, and the said judgment became final and conclusive on September 20, 2016.

From November 9 to January 28, 2017 to January 28, 2018, the Defendant’s defamation and defamation caused damage to the reputation of the complainant, who is the representative director of the Seoul Dobong-gu Seoul Metropolitan Government, by putting up a banner stating that “D, the representative director of the company in charge of the resolution of the resolution of the resolution of the resolution of the resolution of the resolution of the resolution of the resolution of the resolution of the execution of the resolution of the resolution of the resolution of the resolution of the resolution of the resolution of the resolution of the resolution of the merger, is not subject to the reduction or exemption of the value-added tax, and the dismissal of the Defendant is legitimate.”

B. From January 29, 2017 to June 25, 2018, the Defendant’s defamation defamation by false information has undermined the reputation of the complainant, who is the representative director of the B, by putting up a banner with the content of “unfair dismissal” and continuing an assembly, despite the fact that the Defendant’s dismissal is justifiable, by openly pointing out false information.

2. Determination

A. In order to establish the crime of defamation of the relevant legal doctrine, a statement of fact must be made, and the alleged facts should thereby be made to the extent that the social value or assessment of a specific person may be infringed.

At this time, the statement of fact is a concept substituted by an expression of opinion, the value judgment or evaluation, and is specific in time and space.

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