E. The Majority Opinion aims to develop the legal principle on limitation thereto,
maintaining the theory of propagation possibility through a balanced comparison of
interests between an individual’s reputation, personality right, and the protection of
privacy and freedom of expression within the reality that there is also no alternative to
protecting an individual’s personality right therefrom even though the situations that
broadly infringe an individual’s reputation and become irreparable are increased.
Moreover, unlike foreign countries, this serves to broaden the application scope of
justifications to overcome the limits of the current law that punishes criminal
defendants for criminal defamation even where true facts were revealed, not to
maintain the theory of propagation possibility, and herein lies the real intention of the
Majority Opinion.
As above, we express our concurrence with the Majority Opinion.
Chief Justice
Justices
Kim Myeongsu (Presiding Justice)
Park Sang-ok
Lee Ki-taik
Kim Jae-hyung (Justice in charge)
Park Jung-hwa
Ahn Chul-sang
Min You-sook
Kim Seon-soo
Lee Dong-won
Noh Jeong-hee
Kim Sang-hwan
Rho Tae-ak
Lee Heung-gu
* This translation is provisional and subject to revision.
* The published English version of the Supreme Court Decision will be made available
at the end of the year
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