1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. On October 2006, the Plaintiff was a high school student prior to the university entrance-type, who wishes to enter the broadcasting entertainment and enter the school, while attending the broadcasting entertainment, which was operated by the Defendant, and a specialized extension teaching institute at the time of entrance (hereinafter “private teaching institute of this case”).

Since then, the Plaintiff entered the Korea University Broadcasting Department in 2007.

B. From July 4, 2012 to July 10, 2012, the Defendant posted a list of the names “E” as “E,” along with the Plaintiff’s photograph, that read, “The Defendant may pass the transfer of A, which was sleeped in the front of the knife and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

(hereinafter referred to as “instant notice”). 【The ground for recognition of the instant notice” does not have any dispute, each of the descriptions or images of Gap evidence Nos. 1, 2, 5, and 6 (including all of the serial numbers), and the purport of the entire pleadings.

2. Determination

A. 1) The Plaintiff’s assertion 1) The Defendant infringed the Plaintiff’s right to name and portrait rights for the purpose of publicity of the instant private teaching institute. As such, the Defendant is obligated to compensate the Plaintiff for mental distress damages. 2) The Defendant’s argument that the Defendant posted the instant notice was published for 6 days on the personal painting, rather than the main advertising medium, and the Plaintiff appears to have consented to the instant notice as the Plaintiff was due to the practice of the private teaching institute. In light of the above, the Defendant did not infringe the Plaintiff’s right to name and portrait rights.

B. Determination 1 has the right not to have his face and other physical characteristics recognizable as a specific person by social norms taken, expressed, or published without permission, and to be used for profit. Such portrait rights are constitutionally guaranteed by the first sentence of Article 10 of the Constitution of Korea.