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(영문) 대법원 2017.09.21 2015다256374

정정청구

Text

The judgment below is reversed and the case is remanded to Seoul High Court.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Article 14(1) of the Act on Press Arbitration and Remedies, etc. for Damage Caused by Press Reports (hereinafter “Act on Press Arbitration”) provides that “Any person who suffers damage due to a press report, etc. on a factual assertion may file a request with the press organization, etc. for a corrective report on the contents of the press report, etc. within three months from the date the relevant press report, etc. becomes aware of.” Thus, in order to file a request for a corrective report under the Act on Press Arbitration, the relevant press report

(see, e.g., Supreme Court Decision 2007Da2275, Sept. 6, 2007). 2. The lower court determined to the following purport on the grounds stated in its reasoning. A.

The Defendant, in the broadcast of the title CF (hereinafter “instant broadcast”), stored the chickens that E ought to be distributed in the condition of cooling, as freezing, and received and used the chickens for disposal for which 10 days have passed since the distribution deadline was delivered, and indicated the facts.

B. A chickens processing company I stored the chickens at least ten (10) days in freezing and supplied it to E in the condition of cooling, after the period of distribution is ten (10) days or more. Since the period of storage in cooling was the total of one (1) days or two (2) days in the process, the chickens supplied by E was not due to the expiration of the period of distribution and is not subject to disposal.

C. The portion of the instant broadcast that “E used the chickens that was frozen and flown,” is true, but the part that “E used the chickens for disposal for which the period of 10 days elapsed,” is false, and thus, is obligated to make a corrective report in accordance with the Press Arbitration Act.

3. According to the reasoning of the lower judgment and the evidence duly admitted, the following circumstances are revealed.

The chill processing business entity I shall be am a.m. every day.