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임덕기 서강대학교 법학연구소 2007 서강법학 Vol.9 No.1
Recently the movie or drama of non-fiction format for the existent person and event is frequently appearing with subject matter. However, invasions of personal privacy and honor through movie or drama are an extremely frequent occurrence. The rapid growth of the movie or drama of non-fiction format for the existent person makes fairly criticism and discussion, but raises also many problem of defamation, damage of confidence, infringement of publicity and so on. But solution of problem is difficult. Because it was related that right of privacy, freedom of speech publication and freedom of art. Therefore, it is necessary to find a way of balancing of two fundamental rights. This study focus on the test of defamation on the movie or drama of non-fiction format for the existent person, and additionally deal with punitive damages award, provisional disposition, right of publicity.