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(영문) 서울중앙지방법원 2020.01.22 2018가합587807
정정보도등청구
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is in office as B B B, and Defendant B is a media company that publishes daily newspaper D and Internet newspaper D (F), and Defendant C is an appointment of the political department belonging to Defendant B.

B. On September 13, 2018, Defendant B published the article in attached Form 2 (hereinafter “instant article”) written by Defendant C as the title in D newspapers and online newspapers D, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The parties' assertion

A. The Defendants asserted that the Plaintiff’s assertion undermined the Plaintiff’s reputation by expressing false facts as if they were investigated by the private room through the instant article, for suspicion that the Plaintiff disclosed information on inter-Korean relations and security to the outside.

Therefore, the Plaintiff seeks correction report and consolation money of KRW 100 million as shown in the attached Table 1 to the Defendants.

B. It is difficult to see that the facts indicated in the instant article’s assertion by the Defendants were false, and even if false, the instant article concerns public interests, and thus, its illegality is dismissed, as there are reasonable grounds for believing that it is true.

3. Determination on a request for a corrective statement

A. A person who suffers damage due to a press report’s factual assertion as to the relevant legal doctrine is not true shall bear the burden of proving that the victim bears the burden of proving that the press report is not true when requesting a corrective report as to the content of the press report or seeking damages due to defamation.

(see, e.g., Supreme Court en banc Decision 2009Da52649, Sept. 2, 2011). Meanwhile, in determining whether a factual assertion is true, the victim is sufficiently aware of the existence or absence of a specific act at a specific period and place if the existence or absence of a specific fact is proved as well as the active existence of a certain fact in determining whether a factual assertion is true.

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