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Cases
2012Da21553 Correction Report, etc.
Plaintiff, Appellant
A person shall be appointed.
Defendant, Appellee
1. B
A person shall be appointed.
3. D.
A person shall be appointed.
Judgment of the lower court
Seoul High Court Decision 2011Na77704 Decided February 3, 2012
Imposition of Judgment
on 10, 2016 27
Text
All appeals are dismissed.
The costs of appeal are assessed against the Plaintiff.
Reasons
The grounds of appeal are examined.
1. As to the claim such as correction report
Examining the reasoning of the lower judgment in light of the relevant legal principles and evidence adopted by the lower court, the lower court was justifiable to have rejected all of the claims for a corrective report, etc. on the ground that: (a) although the instant article cited somewhat inaccurate arguments supporting the Plaintiff’s final conclusion; (b) in its overall context, it was the Plaintiff’s assertion that the outcome of the instant broadcast report was fabricated; and (c) as such, the important part of the content of the report, “the Plaintiff’s assertion was consistent with the truth; and (d) contrary to what is alleged in the grounds of appeal, it did not err by exceeding the bounds of the principle of free evaluation of evidence by violating the logical and empirical rules; or by misapprehending
2. As to the claim for damages
Examining the reasoning of the lower judgment 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 personal right. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding
3. Conclusion
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.
Justices Park Jae-young
Justices Kim Jae-hyung
Justices Park Byung-hee
Justices Park Poe-young
Justices Kim Jong-il