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The judgment below
The part against the Defendant is reversed, and that part of the case is remanded to the Seoul High Court.
Reasons
The grounds of appeal are examined.
1. Article 14(1) of the Act on Press Arbitration and Remedies, etc. for Damages Caused by a press report, etc. on a factual assertion provides that a person who suffers damage may file a request for a corrective statement against a press organization, etc.
Meanwhile, according to Article 16 (1) and (2) of the same Act, a person who suffered damage due to a press report, etc. on a factual assertion regardless of the truth of the content of the report can file a claim for counter-performance with the press organization.
As such, a claim for a corrective statement is distinguished from a claim for a corrective statement that can be filed regardless of the truth of the content of the report, in that it requires that the press report, etc. is not true, and the person requesting a corrective statement should prove that the press report, etc.
Here, the truth of a press report means that the important part of a press report is consistent with objective facts in light of the overall purport of the report, and it does not mean that there is a little difference from objective facts in detail or a little exaggerated expression, and it does not mean that the truth of a press report is not true. In addition, even if a certain part of a specific fact is compressed, emphasized, or a certain part of a press report in the process of simply making it easy for the public to know complicated facts, if the important part of a press report conforms to objective facts in light of the overall context, if it conforms to objective facts.
(See Supreme Court Decision 2007Da2275 Decided September 6, 2007, etc.). Meanwhile, in order to determine what is the alleged facts in a television broadcast, the entire flow of the content of the report, and the screen, on the premise that the general viewers have access to the broadcast report at a common expense, on the basis of the objective content of the broadcast report in question and the common sense of care.