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(영문) 서울고등법원 2017.06.16 2016나2088750
정정보도 등
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 reasons for the court's explanation concerning this case are as follows: the "written demand for a counterargument report" in attached Form 11 of the 4th judgment of the court of first instance is changed to "written demand for a counterargument report" in attached Form 2-2, and the "decision on the claim for a counterargument report" in the 9th judgment is as stated in the grounds for the judgment of the court of first instance, except in cases where the claim for a counterargument report is accepted or added as stated in the 2th judgment below, and it is citing it as is in accordance with the main sentence of Article 420

2. Judgment on the claim for counterargument

A. The right to request a counterargument report under the Press Arbitration Act, regardless of the truth of the content of a report, is a right to claim a counterargument report on a factual assertion by a person affected by a press report on the content of the report, and where the victim has no legitimate interest in exercising the right to request a counterargument report, the press company may refuse a request for a counterargument report if the content of the claimed counterargument report is obviously contrary to the fact

(See Articles 16(3) and 15(4)2 of the Press Arbitration Act, and Supreme Court Decision 2004Da50747 Decided November 23, 2006. The term “case where there is no legitimate interest in exercising the right to claim a counterargument report” here includes the case where the contents of the original report as to the contents of the counterargument report sought by the victim have already been broadcast through the relevant press media with the same proportion as that of the original report, and the subject of the claim for the counterargument report has already been achieved, or where the contents of the claim for the counterargument report are not related to the fundamental core of the contents of the original report and are related only to the fact that the contents of the claim for the counterargument report are not related to the original contents of the original report, and therefore, it does not contribute to the original purpose of creating the right public opinion.

(See Supreme Court Decision 97Da28803 delivered on October 28, 1997, etc.). B.

Whether there is a legitimate interest in exercising a claim for counter-performance, (1) is related to the Esified Vocational Training Correctional Institution.

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