사실적시 명예훼손죄에 대한 비판적 검토

Criminal defamation by publicly alleging facts protects false reputation. This raises doubts as to whether an empty name is a legal interest worthy of protection with criminal penalties. Moreover, the criminal defamation by publicly alleging facts puts the victim at risk if a victim reveals assailant’s real name. Besides, it is hard to find justification for interpreting criminal defamation by publicly alleging facts as one of the abstract endangering offense(abstrakte Gefahrdung sdelikt). Therefore, criminal defamation by publicly alleging facts should be abolished or at least needs to be clearly revised to protect privacy of personal life. The Article 307 clause 1 of defamation by publicly alleging facts needs to be revised for protecting privacy of personal life. This revis ion will help with realizing clarity of the principle of “nulla poen sine lege” and the Magna Carta functions of the Criminal Act. Because, the revision will assist the public in understanding definitely allowable actions and banned actions, at the same time the court will appreciate the contents of Entscheidungsnorm. Even though criminal defamation by publicly alleging facts is classed as one of the crimes against the legal interests of individual, criticism of government policies has been regarded as criminal defamation against individual who works for government. The investigative authority has abused custody investi gation into critics of government policies. Thus, the revision can help to reduce misapplication of the criminal defamation.