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News Media and Defamation Law in South Korea: A Case of the 'Positivist, Instrumentalist Interaction'
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20
18
Criminal Procedure Act, Act No. 341 (1954), last amended by Act No. 5454 (1997), art. 249.
19
Civil Code (1997), art. 766.
20
U.S. Department of State: Republic of Korea Country Report on Human Rights Practices for 1999
<http://www.state.gov/www/global/human_rights/1999_hrp_report/southkor.html1>, accessed July 1, 2002.
21
Report on the Mission to the Republic of Korea of the Special Rapporteur on the Promotion and Protection of the Right to
Freedom of Opinion and Expression, Mr. Abid Hussain, Submitted pursuant to Commission on Human Rights Resolution 1993/45, United National Economic and Social Council, E/CN4/1996/39/Add. 1, Nov. 21, 1995, p. 11.
22
Choi Young-hun, “Looking at Libel Litigation from a Real-Life News Reporting Perspective,” 19 Press Arbitration Quarterly
(Korean) 7 (Autumn 1999).
23
Jeremy Feigelson & Erik Bierbauer, “Criminal Defamation: International Reforms Advance Against a Global Danger,” in
LDRC Bulletin, March 27, 2002, at 113 (citation omitted).
24
ARTICLE 19, “Defining Defamation: Principles on Freedom of Expression and Protection of Reputation,” cmt. on Principle 4
[Criminal Defamation] (July 2000).
25
For a discussion of the “relaxed” libel defense in Korean law, see infra text accompanying notes 32-33.
26
Seoul District Court (West Branch ), 94 Tagi 537, Feb. 21, 1996.
27
Seoul District Court, 99 Kahap 77460, Feb. 2, 2000.
28
Id.
29
Seoul High Court, 2000 Na 9859, April 19, 2001.
30
Yoon Sang-won, “Court Upholding All the Prosecutors’ Claims Against News Media for Libel,” Law Times (Korean), July 13,
2000, at 1.
31
David Hooper, Reputations Under Fire 134 (2000).
32
Supreme Court, 97 Ta 24207, Sept. 30, 1997 (citing Supreme Court, 85 Taka 29, Oct. 11, 1988; Supreme Court, 94 Ta 33828,
May 28, 1996).
33
Id.
34
As the U.S. Supreme Court held that the First Amendment require “a federal rule that prohibits a public official from
recovering damages for a defamatory falsehood relating to his official conduct unless he proves that the statement was made with ‘actual malice’--that is, with knowledge that it was false or with reckless disregard of whether it was false or not.” New York Times Co. v. Sullivan, 376 U.S. 2564, 279-80 (1964).
35
Supreme Court, 97 Ta 24207, Sept. 30, 1997 (emphasis added).
36
Supreme Court, 97 Ta 34563, May 8, 1998.
37
Pak Son-yong, “Legal Theory of Media Defamation: Focusing on Korean and American Case Law,” 27 Public Law (Korean)
279 (1999).
38
Id.
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20
18
Criminal Procedure Act, Act No. 341 (1954), last amended by Act No. 5454 (1997), art. 249.
19
Civil Code (1997), art. 766.
20
U.S. Department of State: Republic of Korea Country Report on Human Rights Practices for 1999
<http://www.state.gov/www/global/human_rights/1999_hrp_report/southkor.html1>, accessed July 1, 2002.
21
Report on the Mission to the Republic of Korea of the Special Rapporteur on the Promotion and Protection of the Right to
Freedom of Opinion and Expression, Mr. Abid Hussain, Submitted pursuant to Commission on Human Rights Resolution
1993/45, United National Economic and Social Council, E/CN4/1996/39/Add. 1, Nov. 21, 1995, p. 11.
22
Choi Young-hun, “Looking at Libel Litigation from a Real-Life News Reporting Perspective,” 19 Press Arbitration Quarterly
(Korean) 7 (Autumn 1999).
23
Jeremy Feigelson & Erik Bierbauer, “Criminal Defamation: International Reforms Advance Against a Global Danger,” in
LDRC Bulletin, March 27, 2002, at 113 (citation omitted).
24
ARTICLE 19, “Defining Defamation: Principles on Freedom of Expression and Protection of Reputation,” cmt. on Principle 4
[Criminal Defamation] (July 2000).
25
For a discussion of the “relaxed” libel defense in Korean law, see infra text accompanying notes 32-33.
26
Seoul District Court (West Branch ), 94 Tagi 537, Feb. 21, 1996.
27
Seoul District Court, 99 Kahap 77460, Feb. 2, 2000.
28
Id.
29
Seoul High Court, 2000 Na 9859, April 19, 2001.
30
Yoon Sang-won, “Court Upholding All the Prosecutors’ Claims Against News Media for Libel,” Law Times (Korean), July 13,
2000, at 1.
31
David Hooper, Reputations Under Fire 134 (2000).
32
Supreme Court, 97 Ta 24207, Sept. 30, 1997 (citing Supreme Court, 85 Taka 29, Oct. 11, 1988; Supreme Court, 94 Ta 33828,
May 28, 1996).
33
Id.
34
As the U.S. Supreme Court held that the First Amendment require “a federal rule that prohibits a public official from
recovering damages for a defamatory falsehood relating to his official conduct unless he proves that the statement was made with
‘actual malice’--that is, with knowledge that it was false or with reckless disregard of whether it was false or not.” New York
Times Co. v. Sullivan, 376 U.S. 2564, 279-80 (1964).
35
Supreme Court, 97 Ta 24207, Sept. 30, 1997 (emphasis added).
36
Supreme Court, 97 Ta 34563, May 8, 1998.
37
Pak Son-yong, “Legal Theory of Media Defamation: Focusing on Korean and American Case Law,” 27 Public Law (Korean)
279 (1999).
38
Id.
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