법인의 인격권에 관한 검토 - 최근의 논의들을 중심으로 -

Abstract

In the research areas of Corporation's Personal Rights, it includes both of the two points, 'whether corporation is that the subject of fundamental rights' and 'definition of personal rights', which is difficult to define cleary. In practice area, many events has occurred consistently, for example, regarding to claim for damages of libel against corporation and violation corporation's portraits rights, litigation for revocation of refusal disposition to request of information disclosure which is relate to particular corporation, etc. So. it should be done continuously to arrange the constitutional issue of the violation of corporation's personal rights. In this paper, we will review recent discussions about Corporation's Personal Rights, focusing some cases, and research the issues, whether to recognize Corporation's Personal Rights, (if it accepted) where is the range to acknowledge, whether the logic to judge of infringement of Corporation's Personal Rights is valid or not, whether Corporation's Personal Rights is constitutional rights or not. Among the Corporation's Personal Rights, that which has unique interests to protected but is not related to the physical and mental activity of subject of fundamental rights for example, Right of Honor, Right of Name, should be guaranteed as a fundamental right. Especially, it is difficult to see that Corporation's Personal Right of Honor and Right of Name are derived from article 10. of constitution, but they are constitutional rights derived from article of property rights, liberty of business, other individual right recognized to corporation, general right to freedom of action. Furthermore, judgement of infringement of Corporation's Personal Rights is not related to whether the individual(members of the corporation)'s fundamental rights have been violated.