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| TITLE | Supreme Court Decision 2010Do17237 Decided September 2, 2011 [Defamation.Obstruction of Business] [full Text] |
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| Summary | |
| [1] The meaning of ""publication or expression of fact"" and the standard for its determination in the crime of defamation [2] In case where the defendants including a broadcasting company's producers are charged with injuring persons in his or her reputation in the broadcasted specific report program by a publication or expression with the false contents that the representative of the delegates for the so-called ""Korea-U.S. beef negotiation"" and the pertinent Minister failed to comprehend the U.S. beef situation properly, the case affirming the judgment below holding that the above part of the report does not constitute a ""publication or expression of fact"" in the crime of defamation [3] The standard to determine whether the press report concerning public affairs constitutes the crime of defamation, and whether the press report as to policy determination or conduct of official duties can constitute the crime of defamation against an individual who is a public official in the course of deciding the government or its agency's policy or performing his or her official duties (negative with qualification) [4] The case affirming the judgment below that it is hard to impute to the defendants an intent of defamation even though part of the report is a publication or expression of false contents different from objective facts, in case where the defendants including a broadcasting company's producers are charged with injuring persons in his or her reputation in the broadcasted specific report program by demeaning qualification and attitude in the conduct of official duties of the representative of the delegates of ""Korea-U.S. beef negotiation"" and the pertinent Minister by the publication or expression of the contents that they concluded a negotiation with more haste than caution ... | |
