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(영문) 서울중앙지방법원 2020.09.10 2020나23256
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport:

Reasons

1. Basic facts

A. The plaintiff is a person who has been a cover of the C Public Bonds in 2004.

B. On the D Internet bulletin board, the title “F” written by the E Press around November 17:54, 2017 and the article pertaining to the heat of “G” and “H” was posted.

C. On November 6, 2017, at around 20:19, the Defendant drafted and posted comments on the above article that “I want to be a sexual offender, who is a winded person, and who will be capable of taking the wind. I need to see that I would like to give treatment. I would like to see that I would like to do so.”

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Gap evidence 2-7, the purport of the whole pleadings

2. Determination:

A. When setting the limitation between the freedom of one expression and the protection of reputation, the standard of review should vary depending on whether the victim who is subject to defamation by the relevant expression is a public figure or a private figure, whether the expression pertains to a public concern or a purely private matter, etc., and the restriction on the freedom of expression should be mitigated in the case of expression as to a matter of public social meaning.

However, even if the filing of a matter of public interest is widely permitted, the method of expression should be chosen on the basis of respecting the personality of the other party, and even if it is based on specific circumstances, it cannot be permitted to insult by an ambiguous expression even if there is any matter requiring criticism.

Meanwhile, it cannot be deemed unlawful solely on the ground that the expressive person expressed critical opinions on others. However, if the form and content of the expressive act constitutes an insulting and definite personal attack, or a somewhat exaggeration as to another’s personal affairs.

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