The Korean Supreme Court defined defamation in Korea in the landmark Supreme Court case 97Da19038 delivered on February 27, 1998. The following is the official court summary of the decision.
a. When a media, such as broadcast etc, defames one by presenting fact, the action has no illegality when the alleged fact is related to a public matter, the presentation is intended solely for the public interest, and the alleged fact is proved to be true. In addition, even when the alleged fact is not proved to be true, but the presenter believes that the alleged fact is true and has substantial reasons to believe so, the action shall be deemed to have no criminal or reckless intent.
b. As regard to a defamatory act of the media, to decide whether the presenter has substantial reasons to believe the alleged fact is true or not, the content of the presented fact, certainty of evidence or resources that made the fact be believable, method of expression and other factors shall be all considered. Especially, if the alleged fact is a historical one, the research on the historical fact and freedom of expression shall take priority over the honor of the deceased and his/her family. And in making the decision, it should also be considered that it is difficult to check the truth of the alleged fact, since the objective source to check the truth is limited.
Translations of Korean Court Entertainment Law Cases (Court Summaries)
- Korean Business/Service Marks Protection under the Unfair Competition Prevention and Trade Secret Protection Act
- The Violation of Right of Publicity in Korea: Badminton Player Park Ju-Bong’s Case
- Definition of Defamation in Korea
- Censorship Prohibited in Korea: Korean Entertainment Law Cases
- Definition of Copyright in Korea: Ideas vs. Expressions: Korean Entertainment Law
- Definition of “Author” under Korean Copyright Act: Entertainment Law Cases in Korea
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