명예훼손 사건에서 ‘사실’의 의미와 입증

• 영문명: Meaning and proof of ‘facts’ in defamation case
• 발행기관: 한국형사판례연구회
• 저자명: 한제희(HAN, Je-Hee)
• 간행물 정보: 『형사판례연구』형사판례연구 제27권, 259~297쪽, 전체 39쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2019.06.30

영문 초록

Today, there are many defamation cases in our country. Various issues in many areas of our society are not solved by dialogue and compromise, but have been passed into the judicial process. As the result, investigative agencies and judicial institutions are playing a role in judging social controversies. However, this phenomenon is causing many undesirable problems. So it is necessary to limit the role of the judiciary as a judge. For this end, it is necessary to restrictively interpret the scope of recognition of ‘facts’ in defamation cases, by strictly applying the requirements such as concreteness and possibility of demonstration. If we interpret the meaning of ‘facts’ broadly, there is a risk that people will feel less free to express opinions. So the concept of ‘facts’ should be interpreted as narrowly as possible in order to guarantee freedom of expression and freedom of speech. This judgment provides one consideration. That is, even if the expression of a word or a writing appears to represent ‘facts’ when it is seen from the outside, when the whole context or intention is examined, the reality may correspond to the expression of opinion.

목차

[대상판결] 대법원 2017. 5. 11. 선고 2016도19255 판결

[연구]

Ⅰ. 시작하는 말

Ⅱ. ‘사실’이란 무엇인가

Ⅲ. ‘사실’은 어떻게 입증할 것인가

Ⅳ. 맺는 말

키워드

명예훼손 사실 적시 의견 표현 구체성 입증가능성 입증책임 defamation statement of fact expression of opinion concreteness possibility of demonstration burden of proof