“reputation,” as the benefit and protection of the law related to crimes against
reputation, refers to the social assessment given by others with regard to a person’s
character (see e.g., Supreme Court Decision 88Do1008, Sept. 27, 1988), and various
Special Acts regulate infringement thereon in addition to the Criminal Act to protect
reputation through criminal sanctions as such personal value, but each regulation
requires publicity as the modality of an act of criminal defamation as follows.
Article 307(1) of the Criminal Act stipulates that “a person who defames another by
publicly alleging facts shall be punished”; Article 70(1) of the Act on Promotion of
Information and Communications Network Utilization and Information Protection, etc.
(hereinafter “Information and Communications Network Act”) prescribes that “a person
who commits defamation of another person by disclosing a fact to the public through
an information and communications network purposely to disparage the reputation of
such person shall be punished”; and Article 251 of the Public Official Election Act
provides that “any person who slanders a candidate 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.” In addition, Article 307(2)
of the Criminal Act stipulates that “a person who defames another by publicly alleging
false facts shall be punished” and Article 308 of the Criminal Act prescribes that “a
person who defames a dead person by publicly alleging false facts shall be punished,”
by which publicity is regarded as a constituent element. On the other hand, Article 309
of the Criminal Act stipulates that “a person who commits the crime of Article 307 (1),
by means of newspaper, magazine, radio, or other publication with intent to defame
another, shall be punished,” by which publicity is not necessary for an act of alleging
facts even in the case of defamation through printed materials, etc.
The information and Communications Network Act stipulates that: the victim of such
violation may request the provider of information and communications services
managing the information to delete the information and the said provider of information
and communications services shall delete the information or take a temporary or any
other necessary measure where information provided through an information and
communications network purposely to be made public defames other persons (Article
44-2(1) and (2) of the Information and Communications Network Act); the distribution
of “information with content that defames other persons by divulging a fact or false
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