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(영문) 수원지방법원 성남지원 2018.01.17 2017가단201476
손해배상(기)
Text

1. The defendant,

A. 600,000 won to the Plaintiff Association and 5% per annum from May 8, 2016 to January 17, 2018.

Reasons

1. Basic facts

A. The Plaintiff Association (hereinafter “Plaintiff church”) is a religious organization created by E around 1962, and is a member of the religious organization, namely, “E,” the Plaintiff’s mother is trusted to the Plaintiff B as his mother, comply with Saturdays, and comply with the season, such as the wintering of oil.

After the death of E in around 1985, Plaintiff C is the president of the General Assembly and is engaged in missionary activities continuously.

B. The Defendant posted on May 13, 2014 to May 8, 2016, a total of 55 times the same content as that of the Defendant’s tort (hereinafter “the content of the instant notice”) on the car page, including “G”, “H”, etc. (hereinafter “each of the instant car page”) established in the Internet portal site F.

[Ground of recognition] Facts without dispute, Gap's evidence 1, Gap's evidence 5, Gap's evidence 16 (including each number), the purport of whole pleadings

2. Determination

A. The Plaintiffs’ assertion 1) repeatedly posted insulting and personal attack expressions in each of the instant car pages established by the Defendant in F, thereby infringing on the Plaintiffs’ personality rights. 2) The Defendant committed an act of infringing on the Plaintiffs’ personality rights 55 times in total, from November 24, 2013 to December 27, 2016. Based on KRW 1,00,000 per time, the Defendant paid damages of KRW 29,000,000 to the Plaintiff church, KRW 27,000,000, and KRW 5,000,000 to the Plaintiff C, respectively.

B. Article 20(1) of the Constitution of the Republic of Korea provides that “All citizens shall enjoy freedom of religion.” The freedom of religion includes the freedom of mission to promote a religion that one’s own belief and to identify new believers. The freedom of mission also includes the freedom of mission to criticize other religions or to recommend other believerss of religion. While religious propaganda and criticism against other religions are subject to the protection of freedom of expression at the same time, Article 20 of the Constitution of the Republic of Korea on the freedom of religion in this case.

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