영화의 표현과 제한법리에 관한 탐색적 연구: 영화상영금지 가처분 판례를 중심으로

초록

This study set out to investigate the characteristics of filing an injunction against film screening, which is considered to be one of the causes hindering diversity and qualitative growth of film in 2013, and the court’s perceptions of it, as well as to search for directions for harmony between filing an injunction against film screening and freedom of expression in film. The study specifically focused on the characteristics and legal grounds of filing an injunction against film screening, the characteristics of movies against which an injunction was filed, and the court’s perceptions of filing an injunction against film screening. The findings were as follows: first, a public figure filed an injunction against film screening in 18(81.82%) of the total 23 cases (including those that overlapped), where as a private figure did in five (22.73%). Second, an injunction was filed against film screening on the grounds of violation of personal rights in a comprehensive sense, violation of copyright, and religious issues. Third, drama was the single genre whose number of injunctions filed against film screening was the highest. An injunction against film screening was usually filed for movies whose box office performance was not very good at an audience of one million or less. The number of injunctions filed against film screening was small for movies that attracted more than one million moviegoers. Fourth, the study looked into the cases in which the plaintiff filed an injunction against film screening and lost, and found that the judgment was made based on dominance of freedom of expression in film in 18 (82.82%) of a total of 22 cases. There were four cases in which the plaintiff won fully, partially, or actually. The four movies from the cases are ‘Seongcheol’, ‘Silmido’, ‘The President’s Last Bang’, and ‘Voice of the Murder’. An injunction was filed against the screening of the four movies by the families of the deceased that were involved in actual historical or social events for the defamation of the deceased or themselves.

키워드