The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal are examined.

1. If a press report deals with a factual assertion that may determine the existence of a press report by evidence (hereinafter referred to as “private assertion”), the aggrieved party who suffers from damages due to the failure of truth or defamation may file a claim for a corrective report under Article 14 of the Act on Press Arbitration and Remedies, etc. for Damage Caused by Press Reports (hereinafter “ Press Arbitration Act”) and may file a claim for damages on the ground of tort.

Among them, the victim entitled to make a request for a corrective statement shall be designated from the relevant report, or shall be clearly recognized that there is an individual relationship with the report.

In addition, the claim for a corrective statement is permitted when a press report on factual assertion is not true, so in order to determine the legitimacy of the claim, it is necessary to first consider whether the original report, which is the subject of the corrective statement, concerns factual assertions or simple expression of opinion

In distinguishing between the two, the original report should also take into account the ordinary meaning of the language used, the overall flow, the method of connecting phrases, the meaning of the context, the social flow underlying the background, and the overall impression given to the viewers, on the premise of the objective content of the original report as well as the method of ordinary viewers’ care.

(see, e.g., Supreme Court en banc Decision 2009Da52649, Sept. 2, 2011). Meanwhile, in order to recognize defamation through press reports, the victim must be specified and there should be a statement of specific facts that may undermine the social assessment of the victim.

In this context, even if the victim’s specific expression does not specify the name of a person and the article or image itself makes it difficult to recognize the victim, it is possible to identify who is the party indicating the report in full view of the surrounding circumstances.

.the victim.