[1] The criteria for determining whether the contents of the film of the video media violate the reputation of a specific person

[2] The case holding that the crime of defamation against a specific person is established in case where a television broadcaster epiced the interview contents of other media media that a specific person served as a Japanese military as a student soldier at the end of the day, and broadcasted as if the specific person had committed an act of friendship by editing the contents of interview with the surrounding persons

[1] To establish defamation by news report of the press, specific facts should be revealed that may undermine the victim's social evaluation. Here, a statement of specific facts that may undermine the victim's social evaluation should include not only the case of directly expressing such facts, but also the case of allowing readers or viewers to recognize the existence of such facts by using indirect and round-up expressions. The contents of video media shall be determined on the basis of which the program gives rise to any increase to the viewers, by taking full account of the title of the program, background, screen and caption of the program, the whole flow, structure, attitude of the contents, attitude of the audience, and other knowledge levels of the audience in the program, on the basis of the ordinary method of viewing the program in addition to the contents of the audience's remarks including the performers.

[2] The case holding that the crime of defamation against a specific person is established in the case where a television broadcaster epiced the interview contents of other media media that a specific person served as a Japanese military as a student soldier at the end of the day, and broadcasted as if the specific person had committed an act of friendship, focusing on the interview contents of other media, and broadcasted as if he had done an act of friendship

[1] [1] Article 751 of the Civil Act / [2] Article 751 of the Civil Act

Current type (Attorney Lee Jong-soo et al., Counsel for the defendant-appellant)

Cultural Broadcasting Co., Ltd. and one other (Attorney Shin-soo et al., Counsel for the plaintiff-appellant)

Seoul High Court Decision 2000Na8566 delivered on December 14, 2000

1. The defendants jointly and severally pay to the plaintiff 50 million won with 5% interest per annum from April 3, 1999 to January 19, 200, and 25% interest per annum from January 20, 200 to the day of complete payment.

2. The Defendant Culture Broadcasting Co., Ltd. shall indicate the title “written correction of article on the front side of the news proceedings operator’s right side at intervals of 50 minutes in the news broadcasting hours of M.B.C. television No. 6 minutes in the first time after the instant judgment became final and conclusive,” and shall indicate the written correction of article on the front side of the news proceedings operator’s right side at intervals of 50 minutes in the news program, and shall allow the news proceedings operator to read the said written correction at a speed not higher than that of the news proceedings in the following part of the screen: (a) the written correction of article on the attached list No. 2 in the ordinary news report;

3. If the Defendant Culture Broadcasting Co., Ltd. fails to perform the matters set forth in paragraph 2 of the above paragraph within the period set forth in paragraph 2 of the above paragraph, the Defendant Cultural Broadcasting Co., Ltd. will pay to the Plaintiff the sum of KRW 1,00,000 per day from the day after the expiration of the above period to the day

4. The plaintiff's remaining claims against the plaintiffs are dismissed.

5. Of the litigation costs, 80% is jointly and severally borne by the Plaintiff, and 20% is jointly and severally borne by the Defendants.

6. Paragraph 1 can be provisionally executed.

The defendants jointly and severally pay to the plaintiff 1 billion won and the amount of 5% per annum from April 3, 1999 to the date of the pronouncement of this case, and 25% per annum from the next day to the date of full payment. The defendant cultural broadcasting company (hereinafter "the defendant company") shall broadcast the correction statement in attached Table 1 in the same manner as the correction statement in attached Table 2 at the time of the delivery of the judgment of this case. If the defendant company fails to broadcast the above correction statement within the above period, the defendant company shall pay to the plaintiff 10,000 won per annum from the day following the expiration of the above period to the date of full payment.

1. Occurrence of liability for damages;

A. Contents and circumstances of the instant broadcast

(1) The Plaintiff is a person who served as the president at the National University of Korea, a school juristic person after serving as the Prime Minister, and the Defendant Company is a juristic person established for the purpose of broadcasting business and cultural service business and conducting broadcasts through M.B.C. television and radio, and is a social reporter of the Defendant Company’s news report for the benefit of the Defendant Company.

(2) On February 24, 199, the Plaintiff had an interview to the effect that “the Plaintiff was a student soldier at the horse, was a so-called Japanese army, and was combat with China’s trade forces by suffering from Japanese uniform.” In the past, the Plaintiff had an interview to the effect that “the Plaintiff was an open memory.”

(3) A part of the Plaintiff’s contents of the interview, which was transferred to each media organization through the conference communications, reported to the effect that the Plaintiff’s upper white paper was sealed, but some media companies reported to the effect that the Plaintiff’s contents of the interview should clearly and numerically liquidate the historical substance, and some media companies only reported the contents of the interview.

(4) When the Plaintiff reported the fact through the media that he had been Japan, some students and professors of the National University that the Plaintiff had been the president of the Korean National University during the period of his service in the Japanese army shall be evaluated as a kind of friendship on the basis of the fact that the Plaintiff had worked as the president of the Korean National University and called the Plaintiff as a principal offender and a member of the Korean National University. If the Plaintiff caused the financial failure of the said School Foundation, the Plaintiff strongly demanded the resignation of

(5) After ascertaining the above situation with Defendant’s compensation, on April 2, 1999, the National University of Korea reported to the professor of Hong-gu and students, the president of the National University, and his assertion on lectures, which are the president of the National University, and the president of the National University. After visiting the Plaintiff’s office room once and attempting to interview with the Plaintiff, the Plaintiff’s office head of the non-li-gu office did not have an interview, but did not make any other effort to hear the Plaintiff’s opinion at the Defendant’s cost, the contents of the news was arranged, and broadcast two times more at intervals of 50 minutes (hereinafter “the broadcast of this case”). The television No. 2.C. 06:00 on Apr. 3, 1999, 00 television No. 06:00 on Apr. 3, 1999.

(6) After the instant broadcast, the Plaintiff resigned from the position of the president of the said school foundation without having transferred the pressure of the said university, East Korean University Professors Council, and the total student conference.

(7)On the other hand, on the other hand, the second World War II issued the General Ordinance of the Republic of Korea, and on January 20, 194, most of the professional college students were drafted as a student soldier. The plaintiff was incorporated into the military of Japan due to the above draft, and was not found to have committed any act to the extent that the plaintiff was called as having committed an act to the extent that he was aware of the fact that he was wraped with the independence of the military, or that he was friendly.

[Evidence] Evidence: Each part of the evidence of subparagraphs A through 4, Gap evidence of subparagraphs 1 through 22, Gap evidence of subparagraphs 1, 2, Gap evidence of subparagraphs 26 and 27, Gap evidence of subparagraphs 5 through 14, and Eul evidence of each subparagraph.

Rejection Evidence: Partial descriptions of Evidence A to 14, and Evidence A to 5

(b) Markets:

In order to establish defamation by news reports of the media, a statement of specific facts must be made that may undermine the victim's social evaluation. Here, a statement of specific facts that may undermine the victim's social evaluation should include not only the case of directly expressing such facts, but also the case of allowing readers or viewers to recognize the existence of such facts by suggesting the existence of such facts by using indirect and indirect expressions. The contents of broadcasting media are to be determined on the basis of what the program raises to viewers, taking into account, other than the contents of the statement made by the contributors including the proceeding, the title, background, screen and caption, the entire flow, structure and layout of contents, the attitude of the audience, and other knowledge levels of the audience who view the program, on the basis of the ordinary method of viewing the program, other than the contents of the statement made by the contributors including the proceeding.

According to the above facts in this case, we cannot determine that the plaintiff was a pro-Japanese act, and even though there was no fact that the plaintiff committed an act to the extent that he was aware of her pro-Japanese, and that he did not conduct an act to evaluate her pro-Japanese, the defendant company's Mana Mana Mana Mana Mana Mana Mana Mana Mana Mana Mana Mana Mana Mana Mana Mana Mana Mana." At the cost of the defendant company and the defendant company Mana Mana Mana Mana Mana Mana Mana Mana Mana Mana Mana Mana Mana Mana Mana Mana, which contained the contents of an Mana Mana Mana Mana Mana Mana Mana Mana Mana Ma, which contained the contents of the Mana Mana Mana Mana Mana Mana Ma, which is an independent Mana Mana.

In addition, it is likely that the Plaintiff made a somewhat negative assessment on the fact that the Plaintiff was drafted as a student soldier and served as a preliminary officer in the Japanese military. However, considering the content, structure and arrangement of the broadcast of this case, the Plaintiff’s social status, and used language, the broadcast of this case committed an act of friendship to the extent that the Plaintiff would be adequately and indirectly subject to criticism, and the broadcast of this case allowed the general viewers to recognize the existence of such fact by suggesting that the Plaintiff had concealed the fact and made a late confession. Thus, the broadcast of this case constitutes defamation against the Plaintiff.

Therefore, the Defendants should be jointly and severally liable for tort arising from the instant broadcast.

C. Claims by the Defendants and determination thereof

The defendants asserted that the broadcast of this case was organized and reported to the effect that the Plaintiff’s confessions in the school of the National Foundation of the Republic of Korea and its professors, students’ admission, and future prospects are well-grounded, and that the contents of the broadcast of this case are solely related to the public interest and therefore, it is not unlawful.

However, even if the content of the broadcast harms another person’s reputation, as long as its purpose is solely for the public interest and it is proved to be true, the broadcast of this case’s broadcast is unlawful. However, according to the facts acknowledged earlier, the purpose of the broadcast of this case’s broadcast is for the public interest with the contents of the Plaintiff’s past Japanese colonial era and its related regulations and future prospects. However, in light of the overall flow, structure, arrangement, and editing intent of the broadcast of this case’s broadcast contents, it seems that there was an indirect intent to defame the Plaintiff on the ground of the statement of related persons, and that there was an indirect intent to defame the Plaintiff on the ground of the statement of related persons, and the Defendant Company used the broadcast of this case solely for the public interest, as long as it is proved to be true, the broadcast of this case’s broadcast of this case’s broadcast of this case’s broadcast of this case’s broadcast of this case’s broadcast of this case’s broadcast of this case’s broadcast of this case’s broadcast of this case’s broadcast of this case’s case’s broadcast of this case’s broadcast of this case’s news of this case’s 19.

2. Details and scope of liability for the tort;

(a) Compensation for losses;

Since it is apparent in light of the empirical rule that the Plaintiff suffered considerable mental pain due to the damage of honor by the instant broadcast, the Defendants are obligated to bring the Plaintiff’s suffering to money. The Defendants are obligated to bring the Plaintiff’s suffering to money. The proportion of false facts in the broadcast content of this case, the time of broadcasting, the time of broadcasting, the degree of effort to confirm the Defendants, the proportion and social influence of the Defendant Company in the television broadcast, the Plaintiff’s social status, the Plaintiff’s resignation and resignation from office as a part of the instant broadcast, and taking into account various circumstances shown in the argument of this case, it is reasonable to deem that the amount of consolation money that the Defendants is liable to compensate the Plaintiff is KRW 50,000.

Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff 50 million won consolation money and the amount of money calculated by 5% per annum under the Civil Act from April 3, 1999 to January 19, 2000, which is the date of this decision, and 25% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from January 20, 200 to the date of full payment.

(b) Appropriate measures for restoring honor;

In addition, considering the various circumstances shown in the instant case, it is insufficient to recover damaged Plaintiff’s reputation by issuing monetary compensation to the Defendants. Therefore, the Plaintiff has the right to seek the publication of a correction report as an appropriate disposition for restoring honor under Article 764 of the Civil Act.

Furthermore, in full view of the broadcast methods and contents of the correction, the broadcast time, broadcast time, and broadcast of the correction report of the case, the Defendant Company indicated the title of the “Correction of Articles related to the No. 2 List” on the front side of the news proceedings twice at intervals of 50 minutes at the time of the news broadcast of 6 minutes at the end of the news broadcast time after the judgment of this case became final and conclusive, and indicated on the front side of the news proceedings, at intervals of 50 minutes at the time of the news broadcast of 6 minutes at the time of the news broadcast of this case, and displayed the correction report of the attached Table 2 at the same size as the caption at the time of the ordinary news report of the news, and it is reasonable for the news proceedings operator to read the said correction report of the size as at the

(c) Indirect enforcement;

On the other hand, considering the various circumstances revealed in the argument of this case, it is probable that the defendant company will not perform its obligation under the above Paragraph (b) within a short period even after the judgment of this case became final and conclusive, and the necessity of prompt restoration is recognized in light of the plaintiff's social status. If the defendant company fails to perform the above obligation within the above period, the defendant company is obliged to pay to the plaintiff the amount of money equivalent to KRW 1,00,000 per day from the day after the above period expires until the completion

3. Conclusion

Therefore, the plaintiff's claim of this case is accepted within the scope of the above recognition, and each remainder of the plaintiff's claim against the defendants is dismissed as it is without merit.

Judges Lee Sung-tae (Presiding Judge)