민사판결에서 인정된 사실과 명예훼손죄에서의 허위사실판단

• 영문명: Recognition of facts in civil cases and Judgment of false facts in criminal trial
• 발행기관: 한국형사판례연구회
• 저자명: 홍승희(Hong, Seung-Hee)
• 간행물 정보: 『형사판례연구』형사판례연구 제27권, 235~258쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2019.06.30

영문 초록

The object judgment reaffirmed the precedent of the previous case for the timely meaning of the facts necessary for the constitutional defamation, and the method of distinguishing it from the opinion of value judgment. However, for the first time, it should not be construed as a “timely provision of false facts” in regard to the dissemination of allegations or opinions contrary to facts recognized through civil judgment. In the interpretation of different laws on the same legal object, it is always questioned whether to pursue the unity of the law or the uniqueness of the criminal law. Of course, if the “unity of the law and order” is promoted, it may be advantageous for ordinary people who are out of the law to avoid the confusion of illegality coming from the difference of law and contributing to legal stability more easily. However, the criminal law is a penalty for depriving the basic rights of the individual because the legal effect of the law is inevitable. Therefore, even if it is illegal in law, the establishment of crime should be grasped from the standpoint of criminal law. Furthermore, in addition to the ‘supplementary nature’ of criminal law as a means of social control, the property of this criminal law should be maintained when considering the harmfulness of punishment, since it has the characteristic of ‘fragmentation’ that is a very small fraction of such means of social control.

목차

[대상판결] 대법원 2017. 12. 5. 선고 2017도15628 판결

[연구]

Ⅰ. 들어가는 말

Ⅱ. 허위사실적시명예훼손죄에서 ‘허위사실’ 개념

Ⅲ. 민사소송에서의 진실개념과 형사소송에서의 진실개념의 차이

Ⅳ. 결론

키워드

명예훼손죄 허위사실 민사판결의 사실인정 진위판단 진실구성 Defamation a false fact recognition of facts in civil cases the judgment of truth and falsehood the construction of truth