한국과 중국 명예훼손법상의 ‘공인’ 개념에 관한 비교 연구 ― 관련 판례 분석을 중심으로 ―

Abstract

Korea and China share similar cultures and ideologies, having introduced the American public figure theory into their societies at a similar time and had many academic discussions about the theory. However, today sees no desirable settlement of the "public figure" concept in either country. This study set out to analyze precedents involving public figures both in Korea and China and thus to identify the concepts, types and scope of public figures. By comparing the two countries in differences in the concepts of public figures in an exploratory fashion, the investigator attempted to offer practical implications to minimize damage to the personal rights of a public figure and maximize freedom of expression when a public figure's personal rights clashes with freedom of the press (freedom of expression) in Korea and China.