For individuals who believe that they have been unjustly harmed by
others, it is desirable for them to resolve their problem pursuant to civil
or criminal procedures, such as damages claims or criminal complaints.
Publicly alleging facts to injure the reputation of the perpetrator without
first pursuing the legal procedures can be abused as a means of
retaliation that is not commensurate with the liability of the perpetrator.
For this reason, it is necessary to curb the possibility of such abuses.
Absent a public nature required by Article 310 of the Criminal Act,
publicly alleging the weaknesses and errors of an individual simply to
reveal that his or her reputation is a vain one is inconsistent with the
purpose of freedom of expression, which is to encourage the formation
of a democratic will through free discussion and competition of ideas.
Additionally, as examined earlier, the restrictions placed by the Provision
at Issue on freedom of expression are minimized by the ground for
justification under Article 310 of the Criminal Act as well as by the
Court’s and the Supreme Court’s constructions thereof.
Having regard to these considerations, the Court finds that the
Provision at Issue does not upset the balance of interests by excessively
restricting freedom of expression in order to protect personal reputation.
4. Sub-conclusion
Therefore, the Provision at Issue does not infringe freedom of
expression by violating the rule against excessive restriction.
Ⅴ. Conclusion
The complaint of Complainant L.G. is rejected as unjustified, and the
Provision at Issue is not in violation of the Constitution. Accordingly,
the Court renders its decision as set forth in Holding. This decision was
made with a unanimous opinion of participating Justices except Justices
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