명예훼손 사건에서 ‘사실’의 의미와 입증

Meaning and proof of ‘facts’ in defamation case

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.