º»¹® ¹Ù·Î°¡±â ÁÖ¸Þ´º·Î ¹Ù·Î°¡±â
All
TITLE Supreme Court Decision 2018Do4200 Decided June 15, 2018¡¼Defamation¡½ [full Text]
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)
Prev Supreme Court Decision 2017Da248803, 248810 Decided June 15, 2018 ¡¼Restitution of Unjust Enrichment, etc.¡½
Next Supreme Court Decision 2014Du12598, 12604 Decided June 15, 2018¡¼Revocation of Readjudication on Relief Request for Unfair Dismissal and Unfair Labor Practice; Revocation of Readjudication on Relief Request for Unfair Dismissal and Unfair Labor Practice¡½
219 Seocho-ro,Seocho-gu,Seoul 06590,Republic of Korea 02-3480-1100