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(영문) 서울서부지방법원 2017.12.08 2017가단225247

손해배상(기)

Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. The plaintiff asserts that the plaintiff's cause of the plaintiff's claim shall compensate for mental damage since the defendant A, a reporter of the defendant corporation's youth will, as shown in the attached Form, posted false facts about the plaintiff corporation and damaged the plaintiff's reputation.

2. Determination:

A. The State, a state agency, or a part of a state organization or a public corporation is not the subject of fundamental rights, but the holder is rather the subject of fundamental rights, and rather is in the position of protecting or realizing the fundamental rights of the people.

Therefore, the National Health Insurance Corporation, which was established under the National Health Insurance Act and received financial support from the State, shall be subject to the citizen's surveillance and criticism in the area of performing public duties.

B. The defendant asserts that the plaintiff's right to honor is recognized as the principal agent of the private economy. However, the defendant's article is about the principal agent's duty and therefore the above argument is not recognized.

In addition, the Plaintiff asserts that the civil damages claim should be recognized since the remedy clause of the Act on Press Arbitration is insufficient to preserve the Plaintiff’s emotional distress. However, it is only a matter to be resolved through the institutional improvement of the Act on Press Arbitration, but it cannot be said that the civil damages claim due to defamation should be recognized to the Plaintiff, a public corporation, on the ground of its institutional deficiencies.

3. If so, the Plaintiff’s claim of this case is not accepted, and it is dismissed.