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TITLE 【Syllabus of Latest Opinion】Supreme Court en banc Decision 2014Da61654 Decided October 30, 2018【Damages (Etc.)】* First draft [full Text]
Summary
[1] Matters for consideration when determining whether an expressive act constitutes defamation, and cases where expression of a critical opinion of another person constitutes tort
Statutory regulation and its limit regarding criticism over political ideology of a public figure
[2] In a case where Party A, etc. used such expressions as “pro-North Korean” and “North Korean sympathizer” when tweeting comments or uploading articles criticizing Party B, etc., the Court holding that said expressive acts, namely, tweeting comments or uploading articles, do not constitute tort given that it is merely expressing opinion or raising doubt via presentation of concrete circumstances or that such expressive acts are not illegal when considering that Party B, etc. are public figures
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