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(영문) 서울서부지방법원 2020.08.26 2017가합2045
정정.손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a legal entity that engages in the manufacture and sale of chemical products.

The defendant is a corporation that publishes online newspaperB while running news news reporting business, etc. and operates its website (C).

B. On July 13, 2017, the Defendant posted the article No. D (hereinafter “instant article”) at around 20:13, as indicated in the Defendant’s website (attached Form 2).

The article of this case includes the following contents:

(hereinafter “instant report”). ① The Ministry of Employment and Labor visited a Ulsan factory to investigate A’s unfair labor practices where the E branch office received suspicion of destruction of old labor union.

According to the 13th FNo General Gnool, the E branch office of the Ministry of Employment and Labor has visited a Ulsan factory in the P.M. on this day, and investigated whether the company's side-related persons were engaged in unfair labor practices.

On the 12th day prior to A's 12th day, it was transferred to A's head office to have been on-site investigation.

(2) A is receiving suspicions that attempts to disarm the labor union belonging to the National Labor Management Federation with consultation between law firms and △△ Labor Law firms.

[Ground for recognition] Unsatisfy, Gap evidence 1, the purport of the whole pleadings

2. The Defendant of the Plaintiff’s assertion damaged the Plaintiff’s reputation by openly expressing the following false facts with the instant report.

Therefore, the Defendant is obligated to take measures under Article 14(1) of the Act on Press Arbitration and Remedies, etc. for Damage Caused by Press Reports (hereinafter “Act on Press Arbitration”) and to delete the same content as the written correction report and the instant article (the Plaintiff is also subject to indirect compulsory enforcement on the corrected report and the deletion of articles), and the Plaintiff is obligated to pay KRW 10 million as compensation for damages caused by tort of defamation and its delay.

The defendant visited the Ulsan Factory in order to investigate the plaintiff's unfair labor practice with the suspicion of destruction of the labor union by the Ministry of Employment and Labor, and the plaintiff Seoul.

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