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The judgment below
The part against the defendant is reversed, and that part of the case is remanded to the Gwangju High Court.
The plaintiff.
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 a press report, etc. on a factual assertion may file a request with the press organization, etc. for a corrective report on the contents of the press report, etc. within three months from the date the relevant press report, etc. becomes aware of.” As such, in order to request a corrective report under the Act on Press Arbitration, the press report is a factual assertion
Here, factual assertion refers to the assertion on factual relations that can be determined by evidence, as a concept substituted by an expression of opinion, the content of a press report in question, as well as the objective content of the press report in question, in distinguishing a factual assertion from a factual assertion, not only the ordinary meaning of words used, the overall flow, and the connection method of phrases, but also the social flow that forms a wider meaning or background of the context in which the press report was published, and the overall impression given to the general public should be considered.
(2) As to the contents of a press report, the truth of a press report refers to a fact that is consistent with objective facts in light of the overall purport of the content thereof. As such, even if there is a little difference or somewhat exaggerated expression from the truth in the detailed contents, and even if there is a simple exaggeration in the process of making a simple and simple statement of complicated facts, there is a division of investigation in the process of compressing and emphasizing some specific facts, or leading the public interest. In addition, even if there is a division of investigation in the process of making a simple statement of facts in order to attract the interest of the general public.