fundamental rights of Complainant L.G. and whether the Provision at
Issue is in violation of the Constitution. The Provision at Issue and
related provisions read as follows:
A. Provision at Issue
Criminal Act (amended by Act No. 5057 on December 29, 1995)
Article 307 (Defamation)
(1) A person who defames another by publicly alleging facts shall be
punished by imprisonment, with or without labor, for not more
than two years, or by a fine not exceeding five million won.
B. Related Provisions
Criminal Act (enacted by Act No. 293 on September 18, 1953)
Article 310 (Justification)
The act under Article 307(1) shall not be punishable if the facts
alleged are true and if solely concerned with the public interest.
Criminal Act (amended by Act No. 5057 on December 29, 1995)
Article 312 (Criminal Complaint and Will of Victim)
(2) The crimes in Articles 307 and 309 may not be prosecuted if there
are express objections of the victims to their prosecution.
Ⅲ. Arguments of Complainants
A. 2017Hun-Ma1113
The Constitution exists to guarantee fundamental rights by the
assimilatory integration of the State-level society. Stating true facts
contributes to this purpose. At the core of freedom of expression is the
freedom to speak truth. This is the foundation of a citizen’s right to
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