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(영문) 서울중앙지방법원 2016.11.23 2016가합532506
정정보도 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On January 28, 2004, the Plaintiff was sentenced to life imprisonment by the Seoul High Court for murder, etc. (Seoul High Court 2003No2812, 2951) and the final appeal was dismissed on May 27, 2004 (Supreme Court 2004Do1555), and is currently in execution of the above sentence. (2) The Defendant is a broadcasting business operator under Article 2 subparagraph 3 of the Act on Press Arbitration and Remedies, etc. for Damage Caused by Press Reports (hereinafter “ Press Arbitration Act”).

B. The Defendant reported the article of this case to the news articles as shown in the [E] title in the program. The Defendant reported the article of this case (hereinafter “instant article”).

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 1-1-1 and Eul evidence 2 (including paper numbers)

2. The plaintiff's assertion

A. Unlike the contents of the instant article, ① the Plaintiff did not receive any preferential treatment in the course of being confined to the Esified Vocational Training Prison, and ② the Plaintiff submitted a false diagnosis during the period of punishment execution, and applied for suspension of the execution of punishment, and did not live in a friendly life at the hospital.

B. Nevertheless, the Defendant, through the instant article, made a clear report against objective truth, thereby impairing the Plaintiff’s honor.

Therefore, the defendant should make a corrective report as to the article of this case in the same manner as the written request for the corrective report as stated in the attached Table 1 (if the defendant fails to perform his duty for the corrective report, the defendant shall also claim compensation to enforce it), and the defendant shall be liable to pay the plaintiff the amount of KRW 20 million and damages for delay as tort against the plaintiff's reputation by reporting the aforementioned false articles.

C. Preliminary, the defendant shall make a counterargument report with the same content as the written demand for a counterargument report in attached Form 2.

Where the obligation of a counterargument report is not fulfilled, it shall be made.

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