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(영문) 서울북부지방법원 2019.01.11 2018노1160
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (the mistake of facts and misapprehension of legal principles);

A. The assertion on the part of “unfair dismissal” portion is merely an expression of the Defendant’s opinion on dismissal of the Defendant, and thus does not constitute defamation.

Even if the statement of facts is a statement of fact, the illegality is excluded because there is no false perception about the defendant, and the defendant's act is for the public interest.

B. The expression of this part of the assertion on the part of the “pro ratas of pro ratas of pro ratas of pro ratas of pro ratas of pro ratas of pro ratas of pro ratas of the Gu and pro ratas of pro ratas of pro ratas of pro ratas of pro ratas

Even if false facts are false, the illegality is excluded because there is no false perception about the defendant's act and the defendant's act is for the public interest.

2. Determination

A. In the crime of defamation as to whether the “unfair dismissal” is a statement of fact or a statement of fact, the term “statement of fact” refers to a report or statement on specific past or current facts, which is a substitute for a statement of fact, and the contents of the statement can be proven by evidence. In determining whether the report or statement is a fact or an opinion, it shall be determined by considering the overall circumstances, including the ordinary meaning and usage of language, the possibility of proof, the context in which the speech at issue was used, and the social situation in which the expression was used, etc. (see, e.g., Supreme Court Decision 2010Do17237, Sept. 2, 201). The prior meaning of “unfair dismissal” is “non-conformity with values,” and the prior meaning of “unfair dismissal” refers to dismissal “non-conformity with values,” and thus, it is also true that the aforementioned expression is reasonable to deem it as an expression of opinion and opinion.

However, the court below duly adopted the above legal principles.

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