명예훼손을 원인으로 하는 사전금지청구권에 대한 고찰 - 판례를 중심으로 -

Victims of personal rights violations through media reports will exercise prior and post remedies if necessary. Article 21 (2) of the Constitution of the Republic of Korea stipulates that the “Licensing or censorship of speech and the press, and licensing of assembly and association shall not be recognized.” Because a prior prohibition on publication is banned in principle, research on prior remedies is less active than research on post remedies. However, in cases where there is a risk of inflicting severe and irreparable damage to the victim, an exceptionally prior prohibition should be allowed. Furthermore, reorganization of the specific requirements regarding the right to request such prohibitory injunction is needed. After examining the arguments and requirements for recognizing the right to claim prior prohibition under the consciousness of these issues, we will organize the decisions on which pre-prohibitory conjunction are recognized and which are dismissed in defamation cases based on the factual relationship. We will then establish the judgment criteria of the case in which such are allowed. This research attempts to present clear guidelines for the people trying to exercise the right to claim the pre-prohibition injunction against defamation. Thus, this paper examines the arguments and requirements for acknowledging the right to claim prohibition injunction against defamation in advance(II) and how the above requirements were applied to the factual relationship in the citation decision(III) and dismissal decision(IV). Then, the specific criteria for judging a claim for an injunction against defamation in the precedent will be established(V).