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(영문) 서울서부지방법원 2020.02.12 2019가합1107
정정.손해배상
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The plaintiff is the principal of the D High School, and the defendant is a company publishing online newspaper C.

B. On May 27, 2019, the Defendant posted an article as shown in the Attachment No. 2 of the E Act (hereinafter “instant article”) in C.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The Plaintiff’s assertion as the principal of the school did not conclude a contract with the above teacher without undergoing due process in accordance with the guidelines of the Seoul Special Metropolitan City Office of Education because concerns about the occurrence of civil petitions in the course of the class loss and student instruction of the existing fixed-term school physician, but the Defendant, via the instant article, damaged the Plaintiff’s honor by stating the false facts that “the Plaintiff dismissed the fixed-term teacher for three days due to absence from office.”

Therefore, the defendant is obligated to make corrective reports and damages under the Act on Press Arbitration and Remedies for Damage Caused by Press Reports.

3. Relevant legal principles

A. The authenticity of a press report is recognized when it is a fact that is consistent with objective facts in light of the purport of the entire content of the report, and even if there is a little exaggeration or exaggerationd expression in the detailed contents, if there are some specific facts in the process of compressing, emphasizing, or simply creating complicated facts in a simple manner in order to attract public interest, the truth of the report should be recognized if, in light of the overall context, some of the important parts of the report are consistent with the truth.

(See Supreme Court Decision 2007Da2275 Decided September 6, 2007). This is because a somewhat erroneous or exaggerated expression in the process of a free statement of opinion or a public debate cannot be avoided, and a false expression of opinion requires a remote room for the survival of that expression. Thus, the truth is true.

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