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TITLE Supreme Court Decision 2019Do12750 Decided May 28, 2020 ¡¼Violation of the Child Welfare Act; Violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation)¡½ [full Text]
Summary
[1] Method of determining whether an act constitutes ¡°defamation by disclosing a fact that specifies a victim¡± to satisfy the requirements to establish a crime under Article 70(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.
[2] In the case where: (a) the Defendant reported school violence committed against her daughter, Party A, an elementary school student, and the school principal issued an order against the perpetrating student, Party B, in accordance with the resolution passed by the Committee for Countermeasures against School Violence, which prohibited Party B from approaching or contacting, or taking revenge on, the victim student; (b) the Defendant wrote on her KakaoTalk status message, ¡°Do Not Approach School Violence Perpetrator!!!¡± with three fist emojis thereafter; and (c) the Defendant was indicted on a charge of violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., the case holding that: (a) in light of the relevant circumstances, the Defendant is not considered to have disclosed facts sufficiently specific to disparage Party B¡¯s social worth or reputation through the said status message; but (b) nevertheless, the lower court determined otherwise and, in so determining, it erred by misapprehending the relevant legal doctrine
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