명예훼손죄의 성립경위 - 형법 제310조의 개정방향과 관련하여 -

According to the Korean Criminal Act, the defamation shall be justified if the facts alleged under Article 307 (1) are true and solely for the public interest. Unlike the german penal code, Korean Criminal Act regulates a dual system of criminal law for justifying the crime of defamation. That is, the one is that of the Article 20, the other is that of the article 310. The former might protect individuals for seeking, receiving and imparting information and ideas in accordance with the Universal Declaration of Human Rights. The Supreme Court Decision carries a new suggestion in deliberating new solution for the Right to Know as well as protecting reputation. Thus, the author researched the purpose of our criminal law and the Japanese Draft for Revising Criminal Act. As a result, this research suggests we should not only protect the Right to Know but also prevent the loss of other’s good fame. The grounds are as followes : Firstly, it has been researched how the defamation article of Korean Criminal Act had been established. And the author argues that according to our constitutional article 21, it’s proper for the individual personality to be more or less respected. Thus, we should guarantee the right to know to achieve one of the legitimate aims under the freedom of expression. Secondly, as a justification requirement that of the article 310 stipulates that the fact is true and the statement is solely for the public interest. Nevertheless, the Supreme Court has made his resolution of the enlargement of interpretation of the former Supreme Court precedents for the article 310. Lastly, as de lege ferenda, the Article 310 of Korean Criminal Act should keep pace with the latest developments in the Right to Know. Thus, the author argues that it is necessary for legislators to remand the constituent factors of the article 310.