집단표시에 의한 명예훼손과 민법 제750조 -대법원 2006. 5. 12. 선고, 2004다35199 판결(공, 公2006상, 上, 1020) = Broadcast`s Liability for Libel by Group Description

다국어 초록 (Multilingual Abstract)

This article is to review one of the Korean Supreme Court`s case about broadcast`s liability for libel by group description. A unit of policemen sued broadcast company for libel on the fact which this had broadcast the unit misuse its authority in inspecting a human traffic case of women of the streets. The broadcast was urged to have described all the members of the unit as suspects. The Supreme Court accepted the claim to order damages in the case. Group libel is an extraordinary cause of action, the elements of which according to jurisprundence used to be enumerated as ①the size of the group, ②the charater of group and the status of claimant(plaintiff) among the group, and ③whether the broadcast is directed to all or part of the group. But I think we should tell the specifiability(identity) of victims from the individual linkage between harm-causing acts and victims(`legally protected interests). In determining illegality of libel, more generally defamation, the prevailing theory of interrelation is playing a important role on the basis of adaptability and applicability; for example, however large the group size be, we do not hesitate to admit illegality on being confronted with the broadcast by which the group could incur the most serious damages. Hence, necessary ordering of various kinds of protected interest. In addition, we had better not deny libel as such in a large size of group, but admit it and take into consideration in the process of damages calculation. As lex ferenda, the active status as plaintiff could be considered to give a group under limited conditions, which has common interests in the case, but has otherwise no legal entity(a kind of class actions).