beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
[Claim]
Reasons
1. The reasoning for the court’s explanation on this part of the basic facts is that the reasoning for the judgment of the court of first instance is the same as that for the corresponding part of the reasoning for the judgment, and thus, they are cited in accordance with the main sentence
2. The plaintiff's assertion
A. The title of this case is indirectly bypassing the fact that the Plaintiff’s current culture program does not deal with social agenda or sensitive issues, and that the title of this case is indirectly bypassing the fact that the Plaintiff’s “PD pocket book” program is a stimulative and flexible subject to liquor.
B. However, the Plaintiff’s current culture program, including “PD pocket book,” has continuously dealt with the sensitive topics where political, social, economic, and cultural controversy has occurred or public opinion has been sharply conflicting. As such, the foregoing report is false.
C. Since the title and the letter of this case were core of the article of this case, which caused damage to the Plaintiff’s trust or reputation due to this, Defendant A shall make a corrective report identical to that as stated in Article 14(1) of the Act on Press Arbitration and Remedies, etc. for Damage Caused by Press Reports (hereinafter “the Press Arbitration Act”), and if not implemented, Defendant A shall pay the enforcement fine as stated in paragraph (2) of the purport of this case to the Plaintiff.
In addition, the defendants should jointly pay KRW 100,000,000 as mental damages for the plaintiff's defamation.
3. Determination as to the claim for corrective reports and indirect compulsory performance
A. Inasmuch as a claim for a corrective statement under the Press Arbitration Act is permitted to “influence of truth” a press report on “influence of truth,” the legitimacy of the claim should be determined first to determine whether the original report, which the Plaintiff considered as the subject of the claim for a corrective statement, concerns a factual assertion or simple expression of opinion.
Here, factual assertion is a value judgment or evaluation.