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to delete the information or to refuse, suspend, or restrict the handling of such information. <Amended by Act No. 7681, Aug. 4, 2005; Act No. 11374, Feb. 29, 2012> (4) The manager or operator of a website or the provider of information and communications services who has received a request from an election commission pursuant to paragraph (3) shall comply with it without delay. <Amended by Act No. 11374, Feb. 29, 2012> Article 251 of the Public Official Election Act (Slanders against Candidates) Any person who slanders a candidate (including a person who intends to be a candidate), his/her spouse, lineal ascendants or descendants, siblings by pointing out any fact openly through a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or other means, with the intention of getting elected, or getting another person to be or not to be elected, shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding five million won: Provided, That where it is a true fact and concerns a public interest, he/she shall not be punished. 【Reference Cases】[1] Supreme Court Decisions 68Do1569 decided Dec. 24, 1968 (Jip16-3, Hyung94); 81Do1023 decided Oct. 27, 1981 (Gong1982, 85); 81Do2491 decided Mar. 23, 1982 (Gong1982, 482); 83Do431 decided Apr. 23, 1985 (Gong1985, 817); 89Do886 decided Jul. 11, 1989 (Gong1989, 1268); 92Do445 decided May 26, 1992 (Gong1992, 2065); 94Do1770 decided Oct. 25, 1994 (Gong1994Ha, 3166); 96Do1007 decided Jul. 12, 1996 (Gong1996Ha, 2567); 96Do2234 decided Feb. 14, 1997 (Gong1997Sang, 841); 98Do1949 decided Sept. 8, 1998 (Gong1998Ha, 2476); 99Do4579 decided Feb. 11, 2000 (Gong2000Sang, 747); 98Do2188 decided Feb. 25, 2000 (Gong2000Sang, 885); 2005Do329 decided Mar. 25, 2005 (Gong2000Sang, 885); 2005Do329 decided Mar. 25, 2005; 2004Do207 decided Apr. 14, 2006; 2007Do8155 decided Feb. 14, 2008 (Gong2008Sang, 413); 2008Do6515 decided Oct. 23, 2008; 2018Do4200 decided Jun. 15, 2018 (Gong2018Ha, 1347) 【Defendant】Defendant 【Appellant】Defendant 【Defense Counsel】Attorney Gwak Ji-hyeon

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Supreme Court en banc Decision 2020Do5813 Decided November 19, 2020 【Bodily Injury; Defamation; Assault】

Case Law

Country

South Korea

Country Location

Latitude: 36.5913920669624

Longitude: 127.91189491419985

Country Location (linked Case Law): South Korea

Decision Date: Nov 19, 2020

Case Status: Closed

Case Outcome (Procedural)

Affirmed Lower Court

Case Outcome (Disposition)

Monetary Damages

Keywords

Defamation
Defamation / Reputation

Judicial Body: Supreme Court (court of final appeal)

Court Name: Supreme Court

Case Number: 2020도5813

Case Summary: In the case where the criminal defendant was charged with defaming Party A by publicly alleging facts, exclaiming aloud, “that person is an ex-convict who has served out his/her sentence,” to Party A, while Party B, the husband of the criminal defendant, and Party C, a relative of Party A, were listening on a back street of Party A’s house, the case holding that the possibility of propagation cannot be seen to be denied solely on the ground that Party C is a relative of Party A, but seeing that many and unspecified persons were in a state to be able to recognize the speaker is rather reasonable as the criminal defendant declared loudly enough for other villagers to overhear the facts alleged in a public place with the intention of merely insulting or defaming Party A in the process of doing battle with Party A, and thus the publicity of the criminal defendant’s above remark is recognized.

Meaning of and standard for determining “publicity,” as a constituent element of criminal defamation was clarified.

Whether the so-called “theory of propagation possibility,” the legal doctrine which has been established under the precedents, may be maintained with respect to publicity of criminal defamation (affirmative).

Related Law

Criminal Act, Republic of Korea, 1953

Source URL: Ministry of Government Legislation - Korean Law Information Center

Collection

Primary Documents

(English version) 2020Do5813.pdf
English
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(Korean version) 판례_2020도5813.pdf
Korean
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CYRILLA: Global Digital Rights Law

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Supreme Court en banc Decision 2020Do5813 Decided November 19, 2020 【Bodily Injury; Defamation; Assault】

Primary Documents

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