defamation. To decriminalize factual defamation, each and every individual should be sufficiently cognizant of the weight of freedom of expression, an atmosphere should prevail that one ought to bear responsibility for the consequences of such freedom, and a general climate of opinion should be created in which it is presumed that the value of protection of personal reputation would not be sacrificed even if criminal sanctions were not employed as means. However, currently, where cases of prosecution and punishment for defamation are gradually on the rise and where defamation is causing greater harm as the channels of distribution of defamatory statements become diverse, it is difficult to find among citizens a consensus or climate of opinion that factual defamation should not be criminally punished. Taking into account the above considerations––namely, the need for protection of the right to personality concerning the reputation of an individual, the characteristic nature of the personal reputation that it is virtually impossible to be fully restored once harmed, the unique nature of our society, which places importance on reputation but suffers increasing harm as a result of defamation, and the lack of consensus among citizens to decriminalize factual defamation––the Court cannot say with certainty that prohibiting factual defamation and prescribing criminal sanctions for this prohibition inevitably amount to excessive restrictions. (b) Victims of factual defamation may file a civil claim for damages (Article 751, Section (1) of the Civil Act), and the court may, upon motion by the defamed, order measures suitable to restore the reputation of the defamed in lieu of or in addition to damages (Article 764 of the Civil Act). However, under our law––unlike other legal systems that recognize punitive damages, which can replace criminal penalties and achieve through civil damages prevention or deterrence––civil remedies alone cannot provide the same level of prevention or deterrence as criminal sanctions. Further, due to the problems of cost and delay in - 7 -