beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Quotation of judgment of the first instance;
A. The reasoning for the court’s explanation concerning this case is as follows, and the reasoning for the judgment of the court of first instance is the same as that for the judgment of the court of first instance. Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
(b) Prior to the 8th judgment of the first instance court, the following parts are added to the determination of whether the Plaintiff’s fundamental rights are the subject of the Plaintiff’s fundamental rights, and the lower part of the “b.(c) and(d)” was written as “(c) and (d).”
B. The Defendants asserted to the effect that the Plaintiff’s claim is groundless, since the Plaintiff, a member of the National Assembly, cannot be the subject of fundamental rights or the subject of fundamental rights.
In the case of a public corporation such as the State or a local government, in principle, it is only a person who commits a crime of fundamental rights, but not a person who has fundamental rights.
However, even if a person is a public corporation or a person holding a position equivalent thereto, he/she is not in the case of performing a public duty or performing a private economic entity, not in the case of performing a private act, or performs a proper duty independently from the State under the Organization Act, or is in the case of a control-taking relationship with another public authority and under the control as a general private person, etc., he/she cannot be deemed to be in charge of the national function that should protect fundamental rights. Thus, he/she can become the subject of fundamental rights.
The Constitutional Court Order 2012Hun-Ma271 Decided September 26, 2013 (see, e.g., Constitutional Court Order 2012Hun-Ma271, Sept. 26, 2013). Therefore, it is reasonable to determine the subject of fundamental rights of
However, in this case, the Plaintiff’s contents related to the Plaintiff’s criminal conduct that the Plaintiff asserted as defamation in this case.