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정보통신망법상 명예훼손죄에서 ‘비방할 목적’의 판단 기준 - 대법원 2020. 3. 2. 선고 2018도15868 판결을 중심으로 -
김지수 ( Kim¸ Jisoo ) 홍익대학교 법학연구소 2021 홍익법학 Vol.22 No.3
본고는 사이버 명예훼손죄로 통용되는 정보통신망법상 명예훼손죄에서 ‘비방할 목적’애 관한 판단을 중심으로 대상판례인 2018도15868 판례를 평석하였다. 대상 판례에서 대법원은 네이버밴드에 게재된 사이버 대학교 총학생회장 입후보자격 관련 글에 대한 댓글에서 ‘비방할 목적’과 ‘공공의 이익’ 중 ‘비방할 목적’이 두드러진다고 판단한 1심과 2심의 판결을 뒤집었다. ‘비방할 목적’은 공공의 이익을 위한 것과는 행위자의 주관적 의도라는 방향에서 상반되므로, 행위자의 주요한 동기와 목적이 공공의 이익을 위한 것으로 인정된다면 부수적으로 다른 사익적 목적이나 동기가 포함되어 있더라도 비방할 목적이 있다고 보기는 어렵다고 판시한 것이다. 위와 관련하여 2016. 02. 16. 선고된 헌법재판소 판결은 정보통신망법 제70조 제1항의 ‘비방할 목적’이 공공의 이익을 위하여 ‘비판할 목적’과 구별되지 않는 불명확한 개념으로 명확성 원칙에 위배되어 청구인들의 표현의 자유를 침해하는지 여부와, 개인의 명예라는 인격권을 보호하기 위하여 사람을 비방할 목적을 가지고 정보통신망을 통하여 공공연하게 사실을 드러내어 다른 사람의 명예를 훼손하는 자를 처벌하는 것이 과잉금지원칙을 위반하는지 여부를 검토하였다. 비방할 목적을 중점으로 두 판례의 논거를 살펴본 후에는 대법원이 지향해야할 판단구조와 입법적 개선방안에 대하여 제언해보기로 한다. This article aims to provide a commentary on the case regarding “the purpose to vilify” in defamation under the Act on Promotion of Information and Communications Network Utilization and Information Protection, ETC. In the case, the Supreme Court reversed the ruling of the first and second trials, which judged that the comments, mentioning the qualification of the student president of a Cyber University on Naver Band, lean more to "the purpose to vilify” than to “the public interest.” Because “the purpose to vilify” is inconsistent with something that is of the public interest concerning subjective intentions, the Supreme Court judged that if the main motivation and purpose of the actor are recognized as for the public interest, it would not be considered as defamation, even if it contains other private purposes or motives. In this regard, the Constitutional Court's ruling, issued in February 16, 2016, reviewed (1) whether “the purpose to vilify” in the Article 70 is an ambiguous concept that is undistinguishable from “the purpose to criticize”, which in turn violates the principle of definiteness and the claimants' freedom of expression, and (2) whether the relevant provision of the Criminal Act violates the principle of proportionality. In addition to examining the contrasting arguments of the two precedents described above, the proper (ideal) judgment structure of the courts and legislative improvement measures will be discussed, focusing on the purpose to vilify.
Kim, Ki Sung,Kim, Young-Min,Mun, Hyeona,Kim, Jisoo,Park, Jucheol,Borisevich, Albina Y.,Lee, Kyu Hyoung,Kim, Sung Wng Wiley (John WileySons) 2017 Advanced Materials Vol.29 No.36
<P>Structural defects often dominate the electronic- and thermal-transport properties of thermoelectric (TE) materials and are thus a central ingredient for improving their performance. However, understanding the relationship between TE performance and the disordered atomic defects that are generally inherent in nanostructured alloys remains a challenge. Herein, the use of scanning transmission electron microscopy to visualize atomic defects directly is described and disordered atomic-scale defects are demonstrated to be responsible for the enhancement of TE performance in nanostructured Ti1-xHfxNiSn1-ySby half-Heusler alloys. The disordered defects at all atomic sites induce a local composition fluctuation, effectively scattering phonons and improving the power factor. It is observed that the Ni interstitial and Ti,Hf/Sn antisite defects are collectively formed, leading to significant atomic disorder that causes the additional reduction of lattice thermal conductivity. The Ti1-xHfxNiSn1-ySby alloys containing inherent atomic-scale defect disorders are produced in one hour by a newly developed process of temperature-regulated rapid solidification followed by sintering. The collective atomic-scale defect disorder improves the zT to 1.09 +/- 0.12 at 800 K for the Ti0.5Hf0.5NiSn0.98Sb0.02 alloy. These results provide a promising avenue for improving the TE performance of state-of-the-art materials.</P>
Giant nonlinear response of terahertz nanoresonators on VO_2 thin film
Kyoung, Jisoo,Seo, Minah,Park, Hyeongryeol,Koo, Sukmo,Kim, Hyun-sun,Park, Youngmi,Kim, Bong-Jun,Ahn, Kwangjun,Park, Namkyoo,Kim, Hyun-Tak,Kim, Dai-Sik The Optical Society 2010 Optics express Vol.18 No.16
<P>We report on an order of magnitude enhanced nonlinear response of vanadium dioxide thin film patterned with nanoresonators - nano slot antennas fabricated on the gold film. Transmission of terahertz radiation, little affected by an optical pumping for the case of bulk thin film, can now be completely switched-off: DeltaT/T approximately -0.9999 by the same optical pumping power. This unprecedentedly large optical pump-terahertz probe nonlinearity originates from the insulator-to-metal phase transition drastically reducing the antenna cross sections of the nanoresonators. Our scheme enables nanoscale-thin film technology to be used for all-optical switching of long wavelength light.</P>
Incidence and risk factors for herpes zoster after adult liver transplantation
Wontae Kim,Sangjin Kim,Jongwook Oh,Young Jae Jeong,Jinsoo Rhu,Kyung Sik Kim,Jisoo Lee,Gyu-Sung Choi,Jong Man Kim,Jae-Won Joh 대한외과학회 2019 Annals of Surgical Treatment and Research(ASRT) Vol.96 No.2
Purpose: Herpes zoster (HZ) is caused by reactivation of the varicella zoster virus, which occurs frequently in liver transplant recipients with impaired cellular immunity. The purpose of this study was to evaluate the incidence and risk factors for HZ after adult liver transplantation (LT). Methods: In our institution, 993 patients underwent adult LT from January 1997 to December 2013. We retrospectively analyzed the incidence rate of HZ and risk factors for HZ after LT. Results: Of 993 LT recipients, 101 (10.2%) were diagnosed with HZ. The incidence of HZ at 1, 3, 5, and 10 years was 6.6%, 9.1%, 10.0%, and 11.9%, respectively. Therefore, we observed that the incidence of HZ after LT was 16.3 per 1,000 personyears. Older age (≥50 years) at LT and mycophenolate mofetil (MMF) exposure were independent risk factors of HZ infection after adult LT. Conclusion: Patients older than 50 years or with MMF exposure are considered to be at high risk for HZ. Therefore, adult liver recipients with such factors should not be given strong immunosuppression treatments.
Perceived Recovery Time from Common Cold as a Possible Indicator of Physical Resilience
Yoonki Kim,Chang Won Won,Sunyoung Kim,Byung Sung Kim,Miji Kim,Eunjin Jeong,Jisoo Yang,Hyona Lee 대한노인병학회 2021 Annals of geriatric medicine and research Vol.25 No.3
Background: Resilience refers to the ability to recover function after encounter with stressors. While psychological resilience refers to the ability to cope with psychological stress, physical resilience refers to functional restoration after biomedical challenges. However, there is no gold standard to assess physical resilience. Accordingly, we explored whether the perceived recovery time from common cold could be used to represent physical resilience. Methods: We analyzed data of individuals aged 72–86 years who had participated in the Korean Frailty and Aging Cohort Study in 2019. Among the 1,455 survey participants, 594 with asthma and chronic obstructive pulmonary disease and missing data were excluded. The remaining 861 participants were divided into three groups according to the number of days required for recovery from common cold (Group 1, 1–4 days; Group 2, 5–7 days; and Group 3, ≥8 days). The relationship between recovery time and psychological resilience scale (Brief Resilience Scale [BRS]) score, physical frailty (Fried’s physical frailty phenotype and the Korean Frailty Index for Primary Care [KFI-PC]), and frailty outcome was investigated. Results: Group 3 comprised individuals more likely to be women, sleep less, be less physically less active, fall more often, and have a low EuroQol visual analogue scale score. BRS scores differed significantly among the three groups (Group 1, 13.29; Group 2, 14.32; Group 3, 15.22; p<0.001). In multivariate analysis, post-hoc analysis with the Bonferroni method revealed significant differences in BRS between Groups 1–2 and Groups 1–3. However, the KFI-PC and number of falls did not differ significantly. Conclusions: Longer days of recovery from cold were associated with worse BRS scores. However, neither frailty nor the number of falls was related.