Supreme Court: "Creating False Information About Colleagues and Reporting to Company Is Not Defamation"

Supreme Court Confirms Not Guilty: "No Public Performance"
Fines Imposed for Signing False Documents

[Asia Economy Reporter Kim Daehyun] The Supreme Court has ruled that reporting false information to a company to block a fellow caddie's access to a golf course cannot be considered defamation.

The Supreme Court's 3rd Division (Presiding Justice Min Yusuk) announced on the 20th that it upheld the lower court's ruling, which acquitted three golf course caddies accused of defamation in their appeal trial. In April 2013, they were tried for reporting false information to the company claiming that fellow caddie A operated a nightlife business and requesting a ban on A's access to the golf course. The first trial recognized the charges, but the second trial acquitted them, judging that there was no "publicity" because the possibility of spreading to an unspecified majority was low.

The Supreme Court's judgment was the same. The court stated, "To recognize publicity based on the possibility of spreading individual statements to an unspecified majority, a high degree of possibility or likelihood is required," and "there is no error in the lower court's judgment regarding the legal principle of publicity in defamation." Defamation requires that the act be made publicly (公然) to be established, and if it is spread privately to a specific few, it does not constitute defamation. This is called publicity.

Previously, the appellate court recognized guilt for the act of circulating materials among fellow caddies stating that "A is a nightlife worker" and obtaining signatures. Each defendant was sentenced to a fine of 500,000 won. With the Supreme Court's dismissal of the appeal on this day, their fines were also finalized.