공직선거법 제250조 제2항 허위사실 공표죄의 구성요건과 허위성의 입증

The constituent elements and proof of falsity of dissemination of false information under the Public Office Election Law

The Supreme Court of Korea convicted Jung Bong-Ju, a former National Assembly member(United New Democratic Party) on the charge of violating Article 250, Section 2 of the Public Office Election Law on December 22, 2012. The Conviction and Imprisonment of Jung Bong-Ju who is one of the 4 hosts of the popular podcast “I m a Weasel(Naneun Ggomsuda)” drew public attention, and this leads to the heated social discussion about freedom of expression. Moreover, the problem is raised that the crime of disseminating false information under the existing provision(Article 250, Section2 of the Public Office Election Law) result in the excessive restrictions on freedom of political expression. In order to solve this problem legislatively, “the partial amendment bill of the Public Office Election Law” was proposed on January 9, 2012. In such a high profile situation that public attention has focused on the crime of disseminating false information, it is required to review the criminal justice issues on this judgement of the Supreme Court. This article considers this judgement focusing the constituent elements of the crime of disseminating false information(Article 250, Section2 of the Public Office Election Law)and the burden of proving falsity.