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(영문) 서울고등법원 2015.03.27 2014나2038713
정정보도
Text

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

The defendant is within seven days after the judgment of this case became final and conclusive.

Reasons

1. Basic facts and

2. The reasons why the court should explain this part of the Plaintiff’s assertion are the same as that of “1. Basic Facts” and “2. Plaintiff’s assertion” in the main text of Article 420 of the Civil Procedure Act, which are the same as that of “1. Basic Facts” and “2. Plaintiff’s assertion.”

3. Determination

A. According to Article 14 of the Act on Press Arbitration and Remedies, etc. for Damages Caused by a factual assertion, a person who suffers damage due to a factual assertion may file a request for a report on the correction of the contents of the press report. The factual assertion refers to the assertion on factual relations that can be determined based on evidence, as a concept substituted by an expression of opinion whose value is a value judgment or evaluation. Since media reports are mixed with a large factual assertion and an opinion, the criteria for distinction itself cannot be deemed as one-day. The distinction between the two is not only based on the objective content of the original report, but also on the premise that the general meaning of the words used, overall flow, and method of linking the phrases with the context in which the original report was published, but also on the premise that the general viewer’s ordinary meaning of the words used, the social trend that served as a background, and the overall increase in the number of viewers to the viewers (see, e.g., Supreme Court en banc Decision 2009Da52649, Sept. 2, 2011).

This can be determined by evidence, and it is an affiliated organization of the plaintiff.

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