言論에 의한 名譽毁損에 관한 硏究

Abstract

As we know it very well today, Freedom of Speech is not only secured in the constitution law of most nations in the world, but also is declared even in the Universal Declaration of Human Rights in U.N. with the universal aspiration of Mankind. That is to say that the legal principle of Freedom of Speech means that the basic human rights is to be secured as the kind of the spiritual freedom in the nation as well as others. Of course, it is very important issue how we secure Freedom of Speech. This Freedom of Speech is getting competitive among Mass?media as DMB(Digital Multimedia Broadcasting) is appeared and they are getting various. And these infinitive competitions in the press cause the mal?functional problem such as the disturbance of a person’s privacy with using Freedom of Speech. Furthermore, there should be more cases that the people’s privacy is getting more disturbed under the pretext of not only being not cleared between the people’s privacy which is the very humble personal life and the public life but also being satisfied with the people’s knowing as the people’s life is becoming developed with the development of High Technology. In the modern IT society, Freedom of Speech is one of the means to come true the self realization(the value of personality) which make the personnel characters through the personnel press activity. In addition, it has the special characters which has the dual characters such as the means that the members of the society as the democratic citizens keep the symbiosis and coexistence relationship with the basic theory of the equal respect and consideration, and participate in the political decision and then realize the self control(the social value). In the Constitution of Republic Korea, they make a rule this “All Koreans are able to have Freedom of Speech and Freedom of Press” in Article 21, Paragraph 1, and it is secured for the public profit. They emphasize both Freedom of Speech and Responsibility of Speech simultaneously even in Paragraph 4, “Speech and Press should not intrude others’ reputations and rights, or the public morality and the social ethics. When Speech and Press intrude others’ reputations and rights, the victims are able to sue for indemnity about this damage.” So, I have studied several cases about Defamation of Character by the mass?media in this paper so as to provide the best solutions; make the fair and reasonable broadcast in order to let people know it through Mass?media though there are co?existing various classes in the society, and solve the matters of Defamation of character caused by the press during the time they have been doing the right function of the press. For those issues, I would like to suggest the disputed points such as the importance of this freedom of speech as well as the activities of defamation of character caused by mass?media in Article 1, and try to make a thesis about the relationship between the press and the defamation of character in Article 2, in order to make a right thesis about the relationship of the personal rights which has a conflict with Freedom of Speech. In Article 3, I would like to study about the different cases of the relationship between Freedom of Speech in Constitution and the personal rights first, and then, with these cases, consider it whether we are going to ask the criminal liability for the activity of defamation of character against Freedom of Speech and how much criminal liability we are going to ask. By Press Relations Act, we would like to study how they set up the relations between Freedom of Speech and the personal rights, and will consider how we will set them up in the future. Then, we will be seriously considering it how to make a thesis in 21st century so?called the era of IT, and are going to make a right definition about the legal principles of Defamation of Character by Press. In Article 4, we are going to study the cases of Defamation of Character by Press from other nations such as the United States, England, Germany and Japan. In Article 5, we will look for the best ways to help about the activity of Defamation of Character by Press with such the method of the damage indemnity, Criminal Law and Media Relations Act. We would like to suggest the issuing matters and the best ways to be improved after reviewing the thesis and the practical problems in Article 6. In Article 7, we will finalize these theses and then suggest the several best schemes which will improve the cooperating relations both Freedom of Character and the personal rights without conflicting each other. First, we should find the secure scheme for Freedom of Speech which defines that they allow the exceptional cases additionally which include the cases of others’ defamation of character considering it as the public benefits with the basic activity of allowance if it is true that the fact exposed by Press is true though it is Defamation of Character according to the criminal law Article 307. Second, we should strengthen PAC’s authority and will introduce the best schemes for PAC(Press Arbitration Commission) to induce the in order to adjust and solve the problems caused by Press before being sued for the personal rights at the court. Third, there should be more studies about the various expressing methods which is the third person’s point of view, not the pros and the cons about the issues. Fourth, inducing the punishable compensational indemnity system, we ought to make the press broadcast all the things with sincerity. The more the personal rights is violated by Press, the more we make the amount of the compensational indemnity bigger and bigger, and it makes the press more serious when broadcasting the personal rights.