1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.

1. The reasoning for this part of the lower court’s reasoning is as follows: (a) in addition to adding “N trade union” (hereinafter “instant trade union”) to the corresponding part of the judgment of the first instance pursuant to Article 420 of the Civil Procedure Act, the same shall apply to the pertinent part.

2. Determination

A. In a case where the plaintiff defames another person by expressing the facts of the relevant legal doctrine, when the plaintiff claims damages by asserting that the alleged facts are false or false as the cause of the claim, the burden of proving the falsity exists on the plaintiff. However, in a case where the defendant asserts that the alleged facts are true and solely for the public interest, the burden of proving the grounds for excluding illegality exists on the part of the defendant.

(see, e.g., Supreme Court Decision 2012Da4138, Jun. 12, 2014). Meanwhile, in a case where an act of impairing another person’s reputation is committed and its purpose is solely for the public interest, if it is proved that the alleged fact was true, as well as when it was proved that the alleged fact was true, and even if it was not proven, if there was a considerable reason to believe it as true, it shall be deemed that the actor is not illegal

Here, whether an actor has a reasonable ground to believe the truth should be determined in light of the following: (a) whether an actor has conducted an adequate and adequate investigation to verify the authenticity of the content thereof by comprehensively taking into account various circumstances, such as the content of the alleged fact; (b) the grounds for believing the truth to be true; (c) the certainty and credibility of the material; (d) the easiness of confirming the fact; and (e) the degree of damage to the victim caused by a timely statement; and (e) whether the authenticity thereof is supported

(see, e.g., Supreme Court Decision 2010Da61793, Dec. 27, 2012). B.

Judgment

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