공인의 명예훼손에 대한 판결기준의 변화 추세 = 판례분석을 중심으로

다국어 초록 (Multilingual Abstract)

The purpose of this study is to analyze the trend of recent judgment standards of the courts regarding the defamation of public figures. It has been criticized that the standards of judgment for defamation cases are ambiguous and arbitrary, and ignore the superiority of freedom of speech specified in the Constitution. However, courts have amended their viewpoints dramatically, and have made meaningful case judgments that expand the freedom of speech.
According to the analysis result, judgment standards are changing dramatically. The foundation of new judgments is the interpretation standard of the Constitutional Court on the freedom of speech. Courts have received viewpoints raised in arguments regarding public figures. and have began to improve the persuasiveness of the judgment. They have accommodated the concept of public figures. and have expanded the acceptance scope of public interest, a truthfulness and impartial criticism.
New judgment standards will act as a concrete and realistic standard to resolve lawsuits related public figures. However. there are still controversies such as the absence of general access standards. and deficiency in the logical application of proof liability. Two issues can summarize the efforts to resolve controversies related public figures efficiently. One is to establish appropriate case judgment principles to expand and generalize the concept of public figures, and the other is to make academic critics against case judgments a major issue, which make the application scope of immunity of unlawfulness.