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TITLE | Supreme Court Decision 2018Do4200 Decided June 15, 2018¡¼Defamation¡½ [full Text] |
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Summary | |
[1] Requirements to establish defamation In the event that a statement or a remark about another person was made causing damage to that person¡¯s reputation during the process of verifying a scandalous rumor, whether in such case intent of defamation may be recognizable (negative) [2] Meaning of ¡°published or publicly made available,¡± one of the constituent elements of defamation Where ¡°published or publicly made available¡± is acknowledged as an element to establish defamation on the grounds that publicly alleged facts tend to rapidly and widely spread, method of determining the substance and existence of intent as a subjective constituent element [3] In a case where the Defendant who is a mart operator: (a) asked to see Party A, an employee of a company that supplies ice cream products to the Defendant¡¯s mart; (b) made false remarks by saying, ¡°I heard that other suppliers pay a fee to have their products displayed on racks. How much did your employer pay? Party B (Defendant¡¯s store manager) pocketed cash payments from several suppliers and is currently under investigation.¡±; and (c) was indicted on the charge of defaming Party B, the case holding that the lower judgment convicting the Defendant is erroneous as it was based on a misapprehension of the legal doctrine on the constituent elements of defamation (i.e., intent, published or publicly made available) |