법원과 언론의 공인 개념 및 입증책임에 대한 인식적 차이 연구

초록

This study examined how the Korean courts and the Korean press differently conceptualize the public figure and understand its standard of proof by analyzing the court cases and the news stories of the press related with public figure. It was found out that there is considerably broad difference between the courts and the press in understanding who belongs to the category of public figure and to what degree public figure is responsible for proving truth. While Korean courts have gradually broadened the category of public figure and eased up the standard of proof, based on the decisions of libel case, they somewhat lacked consistency in defining who are public figure. As for the press, it also shows some problems:there is no clear and consistent conceptualization of public figure; the press,as was 10 years ago, criticizes the public figure on the basis of its own ethical standard; and the press required that it should be exempt from any legal liability of reporting about public figure because it is for public good. So, it seems that whether the press can affect later decisions of the courts in definition and standard of proof cannot be answered now.

키워드