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(영문) 광주고등법원(전주) 2015.04.23 2014나2674
정정보도 등
Text

1.The judgment of the first instance shall be modified as follows:

Defendant B, a corporation, within three days after this judgment became final and conclusive.

Reasons

1. The reasoning for the court’s explanation concerning this part of the facts is as follows: (a) the reasoning for the judgment of the court of first instance, except that the “MM” article No. 4 of the first instance court’s reasoning is deemed as “N” article, and thus, it is identical to the description No. 3 to No. 4 of the third to the fourth to nine.

2. The plaintiff's corrective report and claim for damages against Franchisors

A. Defendant B and C have the duty to report the correction of the above article, and Defendant B and C have the duty to jointly pay consolation money to the Plaintiff, as they jointly do so, because they have prepared the Fergical article (attached Form 4) containing false facts and posted it on the Defendant B’s website.

B. Article 14(1) of the Act on Press Arbitration and Remedies, etc. for Damages Caused by the failure of the press reports, etc. on factual assertions provides that a person who suffers damage may file a claim for a corrective report. The term “victim” under the said provision refers to a person who is nominated from the content of the report or recognized as having an individual relationship with the content of the report, and who has an interest in filing a corrective report on the content of the report on the ground that the content of the report infringes his/her personal legal interests due to the failure to be true.

Here, in determining whether a person is “a person who is obviously recognized as having an individual relationship with the content of a report,” the content of another broadcast or newspaper after the report shall not be considered comprehensively, but in light of the meaning of the right to a request for a corrective statement, even if the content of the report was not specified through the name or portrait, and if the person is not a person with prior knowledge, the content of the report itself shall be subject to the report.

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