名譽에 관한 罪 = A Study on the Crimes Against Reputation

다국어 초록 (Multilingual Abstract)

In this paper, It is described about the Crimes Against Reputation.
This Study is composed as follows.
In the first chapter, I described Significance and Provisons of Criminal Law.
In the second chapter, I described History and Legislative case in each nation.
In the third chapter, I described protective of Law Profit.
In the last chapter, I described the Type of criminal.
Provisions of the Criminal Law about the Crimes of Against Reputation find as follows.
ARTICLE 307. (Defamation) ① A person who defames another by publicly alleging facts shall be punished by penal servitude or imprisonment for not more than two years or by a fine not exceeding fifteen thousand hwan.
② A person who defames another by publicly alleging false facts shall be punished by penal servitude or imprisonment for not more than five years or suspension of qualifications for not more than ten years.
ARTICLE 308. (Defamation of Dead Person) A person who defames a dead person by publicly alleging false facts shall be punished by penal servitude or imprisonment for not more than two years or by a fine not exceeding twenty-five thousand hwan.
ARTICLE 309. (Defamation through Printed Materials) ① A person who conmits the crime of paragraph ①of Article 307, by means of newspaper, magazine, radio or other publication with intent to defame another, shall be punished by penal servitude or imprisonment for not more than three years or by a fine not exceeding twenty-five thousand hwan.
② A Person who commits the crime of paragraph ②of Article 307, by the method described in the Preceding paragraph shall be punished by penal servitude for not more than seven years or suspension of qualifications for not more than ten years.
ARTICLE 310. (Bar against Prosecution) If the facts alleged under paragraph ① of Article 307 are true and solely for the public interest, the act shall not be Punishable.
ARTICLE 311. (Insult) A person who publicly insults another shall be punished by penal servitude or imprisonment for not more than one year or by a fine not exceeding fifteen thousand hwan.
ARTICLE 312. (Complaint) ① The crimes of Article 308 and the preceding article shall be prosecuted only upon complaint.
② The crimes of Article 307 and 309 shall not be prosecuted over the express objection of the victim.
Msn yhr honorable existence which social life gave always regular valuation from society, what is honor, Individual a person has to social valuation of a character, And then this valuation is very important to social life of man as maintenance and continuance, in this paper, crimes Against Reputation is worthwhile to rightly protest honor in social valuation.

목차 (Table of Contents)

• Ⅰ. 序 論
• 1. 意 義
• 2. 形法規定
• Ⅱ. 沿革및 立法例
• Ⅲ. 保護法益
• 1. 名譽毁損罪의 保護法益
• 2. 死者名譽毁損罪의 保護法益
• Ⅳ. 犯罪類型
• 1. 名譽毁損罪
• 2. 死者名譽毁損罪
• 3. 出版物 등에 의한 名譽毁損罪
• 4. 侮 辱 罪
• ABSTRACT