공적 인물에 대한 명예훼손과 형법 제 310조에 의한 위법성 조각 : 법조비리 보도관련 대전지법 2002고단4563판결을 중심으로

The freedom of the press is an essential tool for exercising constitutionally protected rights. It guarantees to share information and opinions freely without any interference by the government. Yet, the importance of individual reputations cannot be ignored, and a balancing method, therefore, is required to reconcile conflicts between the right of the press and the protection of reputations. According to the law of libel, journalists are to be held responsible for their libelous statements. However, journalists will successfully defend if they can prove the truth of the defamatory statements. They will also prevail if their statements relate to matters of widespread public interest. The media do not have to prove the factual accuracy of the alleged defamation in detail. The determination of truth must rest on the overall impression of the statements. Article 310 of Korean Criminal Law, which stipulates 'truth rule' and 'public interest rule' as the condition for the exemption from defamatory responsibilities, buttresses this principle of defense. The primary purpose of the study is to analyze a recent decision by Daejeon District Court, which has drawn noticeable attention from the public. The results of the study revealed that the libelous statements at issue were true and were of matters of significant public interest. For the foregoing reasons, the malice of the defendants, on which the court based their decision, should be rejected, and Article 310 of Criminal Law must be adopted as the judgement standards for that case.