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(영문) 대법원 2016.10.27 2012다21553
정정보도 등
Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the relevant legal principles and the evidence admitted by the lower court as to the claim for a corrective report, etc., the lower court is justifiable to have rejected all of the claims for a corrective report, etc. on the ground that the material part of the report, “the Plaintiff’s assertion that the result of the instant corrective report was fabricated” was consistent with the truth, on the grounds indicated in its reasoning, that the overall context of the report was consistent with the truth. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the corrective report under the Act on Press Arbitration

2. Examining the reasoning of the lower judgment regarding the claim for damages in light of the relevant legal principles and the evidence admitted by the lower court, the lower court is justifiable to have rejected all of the claims for damages on the grounds that it is difficult to readily conclude that the instant article infringed on the Plaintiff’s social evaluation or value against the Plaintiff and infringed on the Plaintiff’s personality right, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds

3. Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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