【Main Issues and Holdings】
[1] Requirements for cancellation of unlawfulness in a case involving defamation through the disclosure of one’s real name via so-called “administrative publication”
Standards for determining whether there are reasonable grounds for believing in the veracity of the publication of the allegedly defamatory content, and whether the published material pertains to public interest
How defamation by means of administrative publication relates to Article 35(3) of the Framework Act on Consumers stipulating the Korea Consumer Agency’s “administrative publication”
[2] Allocation of the burden of the proof of the falsehood of the alleged facts and the requirements for cancellation of unlawfulness in a lawsuit for damages in a defamation case
[3] Requirements for “administrative publication” to constitute defamation
When examined in light of the gist of the alleged overall content, if an important part corresponds to objective facts, whether a slight variance in detail from the truth or an exaggeration to some degree can be considered as a false fact (negative)
Standards for determining whether the alleged content is an allegation of facts
[4] Method of determining whether there is a significant causal association between wrongful conduct and injury, which constitutes a requirement for tort liability for damages