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(영문) 서울서부지방법원 2016.07.13 2016가합35

정정보도

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a terrestrial broadcasting company, and the plaintiff is a person who operates a child-care center on the first floor of apartment located in Seo-gu Incheon Metropolitan City.

B. On August 21, 2015 as a result of the inspection of the occurrence of infection and the sanitary condition, several children have caused infections to the child care centers operated by the Plaintiff, and the relevant institutions

9. 24. Inspection of the sanitary condition of the above child-care center, and the number of foods, the expiration date of which was discovered, issued corrective measures to the Plaintiff.

C. On October 6, 2015, the Defendant of the news report at 8:0:0 on October 6, 2015, hereinafter “the instant news report” as indicated in [Attachment 2], which read “family childcare centers’ group infections of infants and children, and provision of inferior meals,” and “the instant news report.”

(1) 【No dispute over the grounds for recognition, the entries in Gap 1, 2, 3 and Eul 2, and the purport of the whole pleadings.

2. The Plaintiff’s assertion asserts that, through the instant report, the Defendant provided children with food discovered in the process of checking the sanitary condition of the relevant agency, and that the group salt occurred by stating false facts, thereby impairing the Plaintiff’s honor, and sought a broadcast of the correction report as indicated in attached Table 1 against the Defendant.

3. The defamation is established by expressing, intentionally or by negligence, specific facts that may undermine the social evaluation of a specific person. In order to determine whether defamation is recognized by the news report of the media, it is necessary to first examine whether the victim is specified in the content of the news report. The facts appearing in the news report of this case, such as “personcheon Apartment apartment,” “one-story Child Care Center,” and “ Mancheon Seo-gu Office” are as shown in the attached Table 2, but, in other words, the circumstances that can be known from the above macro evidence, are located in Seo-gu Incheon at the time of the report of this case.