공무원에 대한 명예훼손의 법리

Abstract

Defamation on public figures such as broadcasters, lawyers, public

prosecutors, incumbent or former assemblymen, including even the President,

by the press has recently been increased for last 2 or 3 years. Defamatory

litigations, consequently, have also been on the increase by public figures for

their compensations.

Among the cases, we have met some controvertible issues about scopes of

eligibility of parties and limitations on freedom of the press' fair comment. In

defamatory cases related to specific official's government affairs, the legal

theory, concerning right of information access and defamation, should be

clarified, since defamation against public figures usually conflicts with right of

information access if it is not an issue of very private concerns. Even though,

defamation was involved in the official's private sector, in some cases of

government affairs, courts convicted of defamation for people's right of

information access. As we would see those cases in this Article, we might

find out there are some limits; legal theory of defamation against public

figures has to be handled differently from that against the public.

This Article introduces recent defamation cases on public figures in Korea,

which are conflicted with right of information access, press' liabilities, and

eligibilities of parties, and analyzes legal theory of defamation on public

figures comparing that of Korea with that of some foreign countries, such as

England, France, Germany, and the United States, using related cases in those...