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| TITLE | Supreme Court Decision 2008Do11847 Decided December 22, 2011 [Violation of the Public Official Election Act] [full Text] |
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| Summary | |
| [1] In case where the political party Gap's National Assembly member defendant was prosecuted for publishing false facts unfavorable to the political party Eul's candidate Byung, the case affirming the judgment below holding that the defendant published specific facts likely to mislead social reputation or evaluation about the candidate by indirect and roundabout expression [2] The issue of who bears the burden of proving ""falsity"" of the published facts (=prosecutor) and the degree of proof in the crime of publishing false facts under Article 250 (2) of the Public Official Election Act [3] The relation between raising of suspicion against the candidate's unlawfulness and the freedom of expression in the public official election [4] The method of proving ""falsity"" of the published facts in the crime of publishing false facts under Article 250 (2) of the Public Official Election Act [5] In case where the defendant who was the political party Gap's National Assembly member was prosecuted for publishing false facts about the political party Eul's candidate Byung unfavorable to the candidate Byung in the 17th Presidential election, the case affirming the judgment below holding that the defendant's raising of suspicion about the candidate Byung is not based on a substantial reason to believe its truthfulness [6] In case where an act of publishing false facts is for public interests, whether unlawfulness of the crime of publishing false facts can be negated (negative) | |
