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(영문) 대법원 2018.10.12 2014다51855

손해배상

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

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 the failure of a press report on a factual assertion may file a claim with a press organization for a corrective report on the content of the relevant press report within three months from the date on which he/she becomes aware of the relevant press report.

In order to request a corrective report under this Act, the press report in question is a factual assertion and is not true.

Here, the authenticity of a press report is the fact that the important part is consistent with objective facts in examining the purport of the entire content of the press report, and it does not mean that the truth is not true on the ground that there is a little difference from the truth in detail or somewhat exaggerated expression.

(2) As to the report, the report’s authenticity is recognized if it conforms to the truth in light of the overall context (see, e.g., Supreme Court Decisions 2000Da37524, 37531, Sept. 6, 2007; 2003Da52142, Mar. 23, 2006; 2007Da2275, Sept. 6, 2007). In addition, even if there is a somewhat investigative division in the process of compressing, emphasizing, or emphasizing a complex fact-finding in order to attract public interest, if the important part of the report is consistent with the truth in light of the overall context (see, e.g., Supreme Court Decisions 2007Da2275, Sept. 6, 2007; 2014Da28121, Jul. 23, 2015).

The determination of such truth is based on the overall purport of the article, and the objective content of the article, the ordinary meaning of the used language, and the method of linking phrases, under the premise of the ordinary method of linking the article.