손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except where a judgment is added as set forth in the following paragraph (2).
2. Additional determination
A. The plaintiff's assertion that the defendant did not obtain permission from the deceased or his bereaved family members, and during a demonstration by using his/her portrait photograph without permission, thereby infringing on the portrait rights of the deceased and impairing his/her reputation. Thus, the defendant is liable to compensate the plaintiff for the mental damage of the deceased and the plaintiff.
B. Determination 1 has the right not to be taken, expressed, or used for profit, without permission, on his face and other physical characteristics by which anyone can identify a specific person according to social norms. Such portrait rights are constitutionally guaranteed by the first sentence of Article 10 of the Constitution of the Republic of Korea, and thus unjust infringement of portrait rights constitutes tort.
On the other hand, even if the disclosure of matters related to the privacy of an individual infringes on the privacy, it constitutes a matter of public interest related to the public interest, and the disclosure is for the public interest, and the contents and methods of expression are not unreasonable, the illegality may be avoided.
In the case of conflict of interests between the two different directions surrounding the act of infringing portraits or privacy, the final illegality of the infringement is considered through the balancing of interests by comprehensively taking into account the circumstances in a specific case.
In the course of these balancing, first consideration belonging to the territory of the infringement
So, there are contents and importance of benefits to be achieved by infringement, necessity and effectiveness of infringement, supplementation and urgency of infringement, and reasonableness of infringement method.