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TITLE Supreme Court Decision 2020Do11471 Decided December 10, 2020 【Violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Defamation)】 [full Text]
Summary
Whether the intent to disparage a person’s reputation exists and whether a fact disclosed by the criminal defendant is false, of the constituent elements of defamation stipulated in Article 70(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., correspond to a separate requirement (affirmative), and if the fact revealed is false, whether the intent to disparage a person’s reputation ought to be seen to be recognized (negative)
Where the burden of proof for all the constituent elements prescribed in the above provision lies (held: prosecutor)
The meaning of and standard for determining the “intent to disparage a person’s reputation” and the relationship between “intent to disparage a person’s reputation” and “public interest”
Standard for determining whether the fact revealed is about the “public interest”
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