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(영문) 서울동부지방법원 2020.01.08 2018가합1849

정정보도 및 손해배상

Text

1. The defendant shall perform the following items within seven days from the date this judgment became final and conclusive:

(a) B(C) private pages;

Reasons

1. The premise is that the Plaintiff is the president of the E Foundation, a public institution affiliated with the D Office, and the Defendant is a press organization operating B(C).

② On September 12, 2018, the Defendant posted the instant article under the title “F” on the Internet B website operated by the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence 1

2. Among the articles of this case asserted by the Plaintiff, the part that the Plaintiff violated the Public Officials Act, the part that the Plaintiff gathered and reads traditional arts, the part that the Plaintiff stated false academic background, and the part that indicated false academic career, constitutes a false report, and thus, the Defendant should make a corrective report as shown in the attached Table 3, and the charge for compelling the performance should be paid to the Plaintiff, if not implemented.

In addition, since the defendant has damaged the plaintiff's reputation by pointing out false facts, it is necessary to pay consolation money of KRW 30 million to the plaintiff.

3. Determination as to whether to report false facts

A. The article of this case reported that the Plaintiff violated the Public Officials Act by contributing to a majority of the specific persons while serving as an art supervisor of the HP of the E Foundation.

However, H Arts Supervision operated by the Foundation is merely a person in charge of artistic supervision after concluding a contract with H and does not constitute a public official or a person considered as a public official in applying Articles 129 through 132 of the Criminal Act in accordance with Article 89 of the Cultural Heritage Protection Act.

In addition, according to Gap evidence Nos. 14 and 15, the plaintiff's internal investigation was conducted at the audit office of the Foundation by informing the E Foundation that the plaintiff had made a repeated contribution of a specific dance only while I was in office as H art supervisor on November 2015. After that, I submitted a written application for a statement similar to the Board of Audit and Inspection to the Board of Audit and Inspection, but it was not confirmed the plaintiff's illegality, and ② I made an investigation.