[1] The limit of "the freedom of arts guaranteed by Article 22 of the Constitution", and in a case where a film modeled for an actual case or a person has damaged the reputation of the person as a model or infringed on personal rights by means of distortion of historical facts, etc., whether the injured party or his/her surviving family may exercise the right of prohibition, etc. on the ground of infringement on personal rights (affirmative)

[2] The criteria for determining whether a film whose actual model is a person infringes on the victim's personal rights

[3] The case where the court may accept the victim's claim to the effect that the motion picture itself is prohibited or its contents are directly modified or deleted

[4] The criteria for determining the necessity of provisional disposition to determine temporary position and the degree of vindication of the existence of the right to preserve in the case of satisfactory provisional disposition such as prohibition of motion picture screening

[5] The case holding that an application for provisional disposition seeking direct correction of the contents of a film cannot be accepted, even if there is room for seeing that the personality right of the person as a model was infringed upon by a factual funeral that is inconsistent with the actual situation in a commercial film based on historical facts, if an appropriate measure was taken to effectively prevent confusion with the actual situation

[6] In the case of the advertisement and publicity of commercial movies located in historical facts, the scope of "the freedom of expression guaranteed by Article 21 of the Constitution"

[7] The case holding that in a commercial film that is likely to infringe on the other's personality right by describing historical facts contrary to historical facts, the victim's application for provisional disposition is accepted for the advertisement and publicity that cause the result of inducing the ordinary person to recognize the film as being produced as being of historical facts

[1] Article 22 of the Constitution provides that "all citizens shall enjoy academic and artistic freedom" includes freedom of artistic creative activities, including the right to arbitrarily make decisions on creative materials, creative forms, and creative processes, and freedom of artistic expression that can exhibit, perform, and distribute to the general public. However, since such freedom of arts is not unlimited fundamental rights, it shall not infringe another person's rights and honor, or public morals or social ethics. In a case where a film modeled for actual cases or figures damages a person's reputation or infringes on a personality right by means of distortion of historical facts, etc., the victim may seek against the film producer, etc. the prohibition of screening the film on the ground that the film producer, etc. has already died, if necessary to protect the dignity and value of the decedent's personality right as a human being after the death, the victim may exercise his/her right to prohibit infringement on the deceased's personality right, etc. on the ground of his/her personal right.

[2] In examining whether a film made an actual model of a person’s personality right infringed on the victim’s personality right, it may not be easy to confirm the truth due to the passage of time due to the limitation of objective data to verify the historical truth. Therefore, the degree of protection of the freedom of creation or art making a historical case more serious than the personality right of the deceased or his/her surviving family members, etc. should be taken into account. Therefore, whether a film producer has conducted an adequate and sufficient investigation by taking into account various circumstances, such as the certainty and credibility of various materials forming the basis for film production, and the detailed and substantial confirmation of historical cases, and whether it is relatively easy to confirm the historical facts. In light of the fact that the contents of the film are supported by objective and reasonable materials or reasonable grounds, it is necessary to determine whether the film producer infringes on the personality right.

[3] In light of the fact that accepting a claim by the victim to the effect that the motion picture itself, which is a "artistic creation, is prohibited, or the contents of the motion picture are directly corrected or deleted, may cause direct restriction on the freedom of arts through judicial proceedings, the case where the victim's direct remedy is allowed should be limited to cases where the core contents of the personal right are seriously damaged, considering all the circumstances, such as the form and degree of defamation or infringement of personal rights, and the degree of infringement, etc.

[4] The provisional disposition to determine a temporary position as stipulated in Article 300 (2) of the Civil Execution Act is an urgent and provisional disposition which is allowed by the person having the right to a provisional disposition for the purpose of preventing the present significant damage or imminent spread between the disputed relation of right until it becomes final and conclusive by the lawsuit on the merits. Whether or not such provisional disposition is required shall be determined jointly with the court's discretion, taking into account the interests and loss relation between the parties depending on the acceptance of the application in question, the anticipated of future success in the lawsuit on the merits, and all other circumstances. Furthermore, in the case of a satisfactory provisional disposition against the person having the right to a provisional disposition seeking the prohibition of showing the motion picture itself or direct modification of the contents thereof, such as ordering the debtor in the principal judgment, the creditor's right becomes the same result as obtaining a final satisfaction, while from the debtor's position, it is required to explain that the existing creation's right is more likely to be obstructed to the general public without any opportunity to see it in the lawsuit on the merits.

[5] The case holding that, in the production of commercial films based on historical facts, if proper measures are taken to effectively prevent confusion with the actual situation, such as making the contents of the film known in addition to the film and making it easier to recognize that the contents of the film are different from the actual facts, if it is possible to recognize the contents of the film and making it easier to make the general public know that the contents of the film are different from the actual facts, the application for provisional disposition seeking a direct correction of the contents of the film cannot be accepted, since the film producer's historical facts should be accepted to a certain extent in order to raise commercial entertainment and the appreciation of the audience.

[6] Even in the case of commercial advertisements, there may be room to view that protection based on the freedom of expression guaranteed by Article 21 of the Constitution may be granted in a broad sense, but at least commercial advertisements that actively publicize the contents of the film that are contrary to actual facts as true are not protected based on the freedom of expression. Even if active view is taken on the protection of the above commercial advertisements, in the case of advertisements and public relations on commercial films whose historical facts are historical facts, there is a high risk of infringing on the personality rights of the person who is modeled due to advertisements and public relations different from actual facts, compared to the film based on the pure creation theory, etc., it is necessary to carefully consider whether the personality rights of the person who is modeled due to such advertisements and public relations, etc., from the standpoint of the advertiser chain film producer, and therefore, it cannot be said that there is relatively narrow narrow limit to the permissible scope of "the freedom of expression" in the case of advertisements through various publicity media.

[7] The case holding that in a commercial film that is likely to infringe on another's personality right by describing historical facts contrary to a historical fact, an application for provisional disposition is accepted by the injured party for the advertisement and publicity that cause the result of inducing an ordinary person to recognize that the film is produced as it is historical fact

[1] Articles 10 and 22 of the Constitution of the Republic of Korea; Article 300 (2) of the Civil Execution Act; Article 751 of the Civil Act / [2] Articles 10 and 22 of the Constitution of the Republic of Korea; Article 751 of the Civil Act / [3] Articles 10 and 22 of the Constitution of the Republic of Korea; Article 300 (2) of the Civil Execution Act; Article 751 of the Civil Act / [4] Article 300 (2) of the Civil Execution Act / [5] Article 22 of the Constitution of the Republic of Korea; Article 300 (2) of the Civil Execution Act / [6] Article 21 of the Constitution of the Republic of Korea / [7] Article 10 of the Constitution of the Republic of Korea

[1] Constitutional Court en banc Decision 91Hun-Ba17 decided May 13, 1993 (Hun-Ba2, 160), Supreme Court Decision 93Da40614, 40621 decided Apr. 12, 1996 (Gong1996Sang, 1486), Supreme Court Decision 96Da17851 decided Oct. 24, 1997 (Gong1997Ha, 357Ha, 3574) / [2] Supreme Court Decision 97Da19038 decided Feb. 27, 1998 (Gong198Sang, 865), Supreme Court Decision 98Da24624 decided Oct. 27, 1998 (Gong198Ha, 2766), Supreme Court Decision 203Da32949 decided Oct. 23, 192, 209)

Creditor 1 and 56 others (Attorney Lee In-bok, Counsel for the plaintiff-appellant)

Sinma Services Co., Ltd., a lawsuit taking over the lawsuit of Plener Co., Ltd. and 2 others (Law Firm Chhoekel, Attorneys Park Jong-soo, Counsel for the plaintiff-appellant)

Seoul Central District Court Order 2004Kahap1177, 1605 dated June 21, 2004

1.The decision of the first instance is modified by the obligees upon their motion of change in the trial as follows:

(a) The debtors shall:

(1) On December 24, 2003, the obligor’s official web-site (www. Stilido 2003co.kr) operated by the obligor with respect to the “unafluor,” which was opened on December 24, 2003 at the domestic film theater, is prohibited from operating the above website without eliminating the same part as specified in paragraph (1) of the attached list;

(2) The film set forth in Paragraph (1) above shall not be produced, sold, distributed, or advertised, without deleting the same part as that set forth in Paragraph (2) of the attached list among the attachment [684 North Korea unit, SSMIO] produced by the debtor with respect to the film set forth in Paragraph (2) above, while the attachment [684 North Korea unit, SSMIO] was not deleted;

(3) No video tape shall be produced, sold, distributed, or advertised without eliminating the same part as that described in paragraph (3) of the separate package of the video tape produced by the debtor with respect to the film described in Paragraph (1) above; and

(4) The film described in paragraph (1) above shall not be publicized or advertised as if it was produced as any historical fact.

B. If the obligor fails to perform each of the obligations described in Paragraph A(a) above, the obligor shall pay to the obligees a sum of KRW 3,000,000 per day of the violation days.

C. The obligees' remaining claims are dismissed.

2. The filing costs shall be borne by the obligees for 20% of them through the first instance and the second instance, and the remainder by the obligees for 20% of them.

1. The purport of the application (the creditor has partially modified the purport of the application because it came to the first instance);

(a) The debtors shall:

(1) The lawsuit of this case was taken over due to the corporate division of the debtor corporation, Han Crops Co., Ltd., Ltd. before the corporate division of June 1, 2004. Under the following, it was produced by the debtor's frops, without distinguishing them before and after the corporate division, and the debtor's frops's frops's crops' crops' crops' crops' 209 dispatch (one '684 units'; hereinafter referred to as "684 units'), which appeared in the motion picture room opened on December 24, 2003 (hereinafter referred to as "the motion picture of this case"), which appeared in the debtor's crops' 2325 units 209 units (one crops' crops' crops' crops' crops' crops' crops' crops' crops's cropers's crop.

(2) In the absence of deletion of the official web-site as described in Section 1-A (1) of the Disposition No. 1 operated by the debtor with respect to the instant film, the attachment of the DNA set produced and sold by the debtor, and the outer package of the video tape, the above DNA set and video tape shall not be published, published, printed, reproduced, reproduced, sold, distributed, or advertised;

(3) The film of this case shall not be publicized or advertised as if it was produced as it was historical facts.

B. If the obligor fails to perform each of the obligations described in Paragraph A(a) above, the obligor shall pay to the obligees a sum of KRW 10,000,000 per day of the violation day.

(c) The enforcement officer shall publicly notify the purport of the above order in an appropriate manner.

2. Purport of appeal;

The decision of the first instance shall be revoked. It shall seek the same decision as the purport of the application.

1. Basic facts

According to the overall purport of the record and examination of this case, the following facts are substantiated.

A. The obligees are members of their surviving families of 12 persons, such as 1 to 12 et al. (hereinafter the above 12 persons together referred to as "the deceased of this case"), which were 684 units of training around April 1968, which were created by the obligees (the relationship between the obligees and the deceased of this case refers to the separate list of creditors), and the debtor corporation, Haner film, and ploss are co-productions of the film of this case, and the debtor's river is the supervisor of the film of this case.

B. On January 21, 1968, a case of death of several hundred and seventy thousands of Korean soldiers, police officers, and civilians, etc. who avoided North Korea armed rioting against Blue House, including the application for non-application for non-application for new Shin, occurred. On April 1968, our government established a 684 unit as a special unit belonging to the Air Force for the purpose of North Korea's co-operation, including the attacking attack against North Korea's main crossbows. At that time, the 31 training soldiers and the operation of the military unit were involved in the information organization.

C. Around August 22, 1971, a training unit’s 684 unit’s education ledger, and a training unit’s 684 unit’s officers conducted very high strength special training for training soldiers isolated from the outside. At the special training course continued from the time of creation to August 22, 1971, one training soldier died due to the following accidents during the training course. In the case of six training units, he/she died of the training unit’s death by death by a police officer or a training soldier in relation to the escape case, rape of female, etc.

D. At the first stage of controversy as to whether it is possible to continue to exist 684 units, such as training soldiers and training soldiers, who were created for the purpose of training highly trained North Korean workers, 684 units were supplied with considerable supply materials. However, the central information department’s deterioration, the necessity of damp-proof attack against North Korea due to changes in inter-Korean relations, etc., and the level of interest and support for 684 units was significantly lowered, and the special training conducted after being separated from the outside was continued for 3 years or more, and the conflict between the training soldiers and the fixed-term soldiers occurred, and thus, it becomes controversial to determine whether the training soldiers and the fixed-term soldiers might continue to exist as they were, and on August 23, 197, 24 training soldiers and the above 18 military soldiers and the above 18 military soldiers and the above 18 military soldiers and the above 24 military soldiers and the police soldiers were called out to the Seoul metropolitan bus during the training period.

E. In the process of escape and entry into Seoul, most of the aforesaid 24 training soldiers were killed at the site due to a total shock or a kind of shot, etc., and four remaining training soldiers (in the course of the investigation and trial of the military investigation agency, four persons (in the case of Nonparty 8, 12, Nonparty 13, and 14) were transferred to the Gun Council after the investigation of the military investigation agency. Four persons, such as the above request for investigation and trial, were the person who killed the during the period, and made a statement about the details and the method of solicitation [see, e.g., the inquiry reply to the Chief Prosecutor of the Military Prosecutors' Office of the High Court (receiving on December 7, 2004 at the court below), the full bench sentenced the death penalty to the above four persons, and the death penalty was executed on March 10, 1972 after the judgment became final and conclusive.

F. Meanwhile, after the creation of a 684 unit as above, the non-applicant-dong used the historical fact (hereinafter referred to as the "unified case") from the time of dissolution to the death of the trainee (hereinafter referred to as the "unified case"). The film of this case was produced on the basis of the 1999 "Sized Nong-dong Nong Nong-dong Nong Nong-dong No. 1999" (hereinafter referred to as the "Sized No. 1999"). The film of this case was produced on the basis of the 199 "Sized No. 1999," and was opened on April 24, 2003 and was opened on December 24, 2003 (the 15 years old No. 15 years old No. 15), and was produced on the 100,000 spectators or more in the foreign film, such as Taiwan No. 1000 and Japan, and the debtor sold the film of this case, etc. on July 204.

2. Summary of the obligees and debtors' claims

A. The gist of obligees' claims

(1) The Deceaseds of this case were civilians who had not been subject to criminal punishment due to serious crimes such as murder before supporting 684 units' training, and were not subject to criminal punishment due to such serious crimes as murder (serious crimes). They accepted the proposal of an intelligence agency to provide considerable consideration when performing their duties, including monetary compensation, etc. (hereinafter referred to as "private recruitment method"), and during which training soldiers did not display "the enemy who is the North Korean military in training courses, etc." and they did not sing the above. Nevertheless, the film of this case is 684 unit training soldiers who committed serious crimes such as murder and wait for its execution, or receive long-term execution such as life imprisonment, etc., and therefore, they did not comply with the above recruitment method as long as they did not comply with the recruitment method, or if they did not respond to the above recruitment method as they did not respond to the recruitment method, at least 6th unit of prisons.

(2) However, the contents of the film of this case, which is contrary to historical facts, are to induce the general public to mistake the deceased as being a prudent of his origin, and this is to impair the honor of the obligees who are the deceased and their surviving families and infringe on their personality rights.

(3) Furthermore, the debtor actively advertised the contents of the motion picture of this case through various publicity media including official homepage, motion picture advertising materials, newspapers, broadcasting, etc. as they are historical truth. This also infringes on the personal rights of the deceased and their surviving families.

(4) If the above infringement of personal rights continues, the obligees may suffer irrecoverable damage, and thus, the issuance of provisional disposition, such as the purport of the application, is sought.

B. Summary of the debtor's assertion

(1) In the case of 12 deceaseds of this case, even though they were resources of 684 units according to the 'private recruitment method', most of the 684 unit trainees of this case described as supplemented according to the ' prison recruitment method' and did not mention at all about 'private recruitment method', there are significant parts of the film contents that are inconsistent with the historical facts that were originally located.

(2) However, in light of the purport of the Constitution guaranteeing the freedom of arts, the film of this case is, in essence, produced on the basis of a commercial film produced on the part of the author, which is the product of the author’s literary history. In light of the purport of the Constitution guaranteeing the freedom of arts, coloring historical facts should be widely permitted to raise commercial entertainment, public interest and dynamics, etc. Furthermore, in such cases, since the debtor did not have objective materials about the above 684 unit created before about 30 years prior to the production of the film of this case, and there was no time for the debtor to easily listen to the statements of the related parties such as the deceased or the wounded's family members, etc. who were directly involved, the debtor cannot easily receive the statements of the above 684 unit, so it is inevitable for the debtor to produce the film of this case on the basis of various provisional reports on the "the 'the 'the 'the 'the 'the 'the 'the 'the 'the 'the 'the rights of the deceased and his family members'.

(3) The debtor's publicity and advertisement of the motion picture of this case is limited to ordinary advertisements in accordance with the general practices on commercial motion pictures produced on the basis of historical facts, and did not make excessive or exaggerated advertisements using a method that is not socially acceptable. Thus, the publicity and advertisement of the motion picture of this case cannot be deemed to have infringed on the personality rights of the deceased of this case and their surviving families.

(4) On the other hand, ① The screening of the motion picture of this case at home and abroad has already been completed, ② Divedidi, video tapes, etc. containing the motion picture of this case have been released from Korea on July 21, 2004 after the decision of the first instance court of this case on June 21, 2004, and their sales have continued to be continued. Although the non-applicant, upon the debtor's consent, provides the motion picture of this case to the general public through the video order transmission system (VOD and Vides) on the Internet, the debtor did not actively publicize the motion picture of this case through current newspapers and broadcasting, the debtor does not actively publicize the motion picture of this case. ③ However, in the case of the official web-site on the motion picture of this case, the motion picture of this case is operated under the status of the debtor's opening of the motion picture of this case from the domestic movie theater, and there is a probability that the motion picture of this case will be broadcasted to the general public through television of this case in the future.

3. Determination

A. Review of infringement of personal rights due to the contents of the motion picture of this case

(1) General theory

In general, film is a creative production that enables virtual human beings to develop through the commercial ability of producers, including scenario writers and film supervision, under the premise that it would normally be an abandoned tool. However, there are cases where the case or human body actually existed at the time of inducing public interest and impulse. Meanwhile, the freedom of art guaranteed by Article 22 of the Constitution, stating, “all citizens shall have the freedom of learning and arts.” The freedom of art, including the right to arbitrarily decide on creative materials, creative forms and creative processes, includes the freedom of artistic expression that can be displayed, performed and disseminated to the general public. However, since such freedom of art is not an unlimited fundamental right, the victim should not have infringed upon other people’s rights, reputation, public morals, or social ethics (see, e.g., Supreme Court Decision 9Hun-Ba17, May 13, 1993).

However, in examining whether a film modeled for actual human rights of the victim may not be easy to confirm the truth due to the lapse of time due to the limitation of objective data to verify historical truth (see, e.g., Supreme Court Decision 97Da19038, Feb. 27, 1998). As such, considering the fact that the degree of protection of the freedom of creation or art taking a historical case into consideration rather than the personality rights of the deceased or their surviving families may be relatively more severe (see, e.g., Supreme Court Decision 97Da19038, Feb. 27, 1998). Therefore, in light of the following factors: (a) whether a film producer has properly and sufficiently examined the identity rights of the victim; and (b) whether the film producer has suffered damage to the victim’s personality rights by taking into account the following factors: (c) whether the film producer’s content directly or indirectly infringing the victim’s personality rights by taking into account the following factors: (d) whether the film producer violated the victim’s personality rights directly or indirectly restricting the content of the film production.

(2) Infringement of personal rights due to the face of a film that is contrary to historical facts

The debtors themselves recognize that considerable of the contents of the film of this case is not consistent with the historical facts about the "Unsami case," which was originally located. However, since the film of this case is not a documentary document, but a mere commercial film based on the script, which is essentially a product of the author's literary and commercial history, is not a mere commercial film, and thus, it cannot be deemed that the rights of the deceased of this case or their surviving family members were infringed due to the film of this case (see, e.g., the written reply, etc. of April 29, 2004). Thus, if the contents of the film violate the personality rights of the deceased of this case, it is necessary to examine specifically what kind of the content of the film, and the reason, mode, and degree of infringement of the personality rights. The following is examined in order.

(A) The recruitment process and ingredients of the 684 unit training soldiers, including the Deceased of the instant case

(i) the basic facts

In the case of 12 deceaseds, even though they were resources to 684 units according to the 'private recruitment method', there is no dispute between the parties as to the fact that the film of this case was written in detail only for the ' prison recruitment method' and did not make any mention about the case of soliciting civilians.

In addition, according to the fact-finding inquiry about the Minister of National Defense (see, e.g., Supreme Court 2005. Jan. 3, 2005 and Jan. 13, 2005), 1. He was sentenced to imprisonment with prison labor for not less than 684 military units until Jan. 1, 2005, and 1.0 investigation records and criminal records, etc., 6. He was sentenced to imprisonment with prison labor for not less than 8 years and 1.0 years in case of non-permanent police units, 1.6 years in case of non-permanent police units, 1.6 years in case of non-permanent police units, 4 years in case of non-permanent police units, 1.6 years in case of non-permanent police units, 1.6 years in case of non-permanent police units, 1.6 years in case of non-permanent police units, 2 years in case of non-permanent police units, 1.6 years in case of non-permanent police units, 196 years in case of imprisonment with prison training.

2) Details of the motion picture with regard to the recruitment process of the 684 unit trainees and its ingredients, etc.

A) However, the detailed description of the details of the recruitment process, etc. of the trainees indicated in the instant film is as follows (see, e.g., Evidence No. 28, the first instance court’s inspection protocol on May 17, 2004).

(i) First of all, the film of this case is described in detail in the situation where the person tried to murder with respect to the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class.

(ii) On the other hand, the film of this case did not directly describe the criminal process, prison execution process, or prison recruitment process with respect to the remaining training soldiers except the above two.

그러나 ① 훈련병 31명이 실미도에 상륙한 직후에 교육대장 최재현이 단상에 올라가서 훈련병 전원에 대하여, "보다시피 난 군인이다. 너희는 사형수이거나 사회 밑바닥에서 아무 희망도 없이 살던 인간쓰레기들이다. 그러나 너희가 그 군복을 입는 순간 나와 너희의 목표는 하나가 된다. 대한민국을 수호하고 조국통일의 과업을 함께 완수할 동지가 되는 것이다. 나와 여기 있는 기간병들은 너희가 자신의 생명과 국가의 명령을 지켜낼 수 있도록 훈련시킬 것이다. (중략) 각오가 된 자는 자기 손으로 군복을 입는다."라고 연설하고, 이에 관하여 주연급 인물인 조근재(나중에 제2조 조장이 됨. 강신일 역)를 비롯한 다른 훈련병들이 체념한 듯이 군복을 입으면서 "돌아갈 곳이 있는 것도 아니고, 돌아갈 방법이 있는 것도 아니고...", "씨팔, 이래 죽으나 저래 죽으나 백 번 옳은 소리지." "언제 안전장치 달고 사시미 뜨러 다녔냐."라고 대응하는 등 대부분의 훈련병이 입소하기 전에 저지른 중범죄 등으로 인하여 정상적으로 사회에 복귀할 수 없는 절박한 상태에 있었던 것으로 묘사하였고(상영시작 후 15분경), ② 훈련병 찬석(나중에 취사병이 됨. 강성진 역)이 훈련 도중에 다리를 다치고 나서 기간병 소대장인 조중사(허준호 역)가 찬석에게 치료를 위하여 퇴소할 것을 요구하자, 찬석은 "여기서 다시 감방으로 쫓겨가서 오늘 매달리나 내일 매달리나 걱정하면서 살고 싶지 않습니다, 조중사님. (중략) 밥을 짓던 청소를 하든 변소청소도 제가 혼자 다 하겠습니다. 시키는 것은 뭐든지 다하겠습니다. 씨이, 차라리 죽여 주십시오."라는 식으로 애원하고, 그 옆에 있던 제2조 조장 조근재는 "중사님, 누군가 그런 일을 다 해주면 나머지는 훈련에 더 집중할 수 있고 능률도 더 오르지 않겠습니까? (좌중을 둘러보며) 다들 우에 생각하노?"라는 식으로 다른 훈련병들의 동의를 구하자, 그 곳에 있던 모든 훈련병들은 이구동성으로 "뭘 어떻게 생각합니까? 입장 바꿔놓고 생각해 보십시오. 여기까지 왔는데 다시 돌아갈 미친 놈들이 어디 있습니까?"라는 식으로 대응하였으며, 이에 조중사가 "전우들의 식사를 영양가 있게 준비할 수 있나?"라고 찬석에게 묻자, 찬석은 살았다는 듯이 "예..."라고 대답하고, 다른 훈련병들은 기쁜 표정을 지으면서 "야, 저 새끼, 그러면 산 거야?"라고 이야기하는 등 만일 위 찬석이 684부대에서 퇴소하게 되면 교수형집행을 당할 수밖에 없다는 사정을 대부분의 훈련병들이 이심전심(이심전심)으로 알고 있는 것처럼 묘사하였으며(상영시작 후 37분경), ③ 기간병들에 대한 기습공격을 감행한 훈련병들로부터 위협을 받고 있던 기간병 소대장 박중사(이정헌 역)가 훈련병들에게 "가, 가까이 오지마. (중략) 어차피 죽을 새끼들이었어. 너희들은 어차피 죽을 목숨인데 우리까지 죽을 수는 없었던 거야."라고 이야기함에 대하여 위 한상필, 강인찬 등이 "우리가 왜 어차피 죽을 목숨이야.", "당신들 목숨 값이나 개같이 버텨온 우리 목숨 값이 같은 것이라고 한 번만 이라도 생각해 줬다면.." 이라고 대응하자, 위 박중사가 "어떻게 똑같아. 너희 같은 범죄자 출신들이랑 우리들이 어떻게 같아. 이름도 없는 새끼들이랑 우리가."라고 대꾸하는 등(상영시작 후 1시간 48분경), 이 사건 영화의 초반부터 종반까지 훈련병들 대부분이 684부대에 들어오기 이전에 저질렀던 중범죄로 인하여 어차피 죽을 목숨이었던 것처럼 묘사하는 장면들이 계속적으로 나타나고 있다.

(iii) On the other hand, in the case of the film of this case, any reference was not made to the case filled as a training soldier by the "private recruitment method" as in the deceased of this case, and it is difficult to find indirect cancer.

B) Stopto;

In the case of the general persons who contact the film of this case, most of the 684 unit trainees were recruited by the prison recruitment method, and the situation that the training soldiers such as the deceased were voluntarily admitted by the 'private recruitment method' cannot be reduced. Therefore, it is judged that the 684 unit trainees among the film of this case are clearly inconsistent with the historical facts about the 'the 'the 684 unit training method' and the 'the 'the 'the 'the 'the 'the 'the 'the 'the 'the 'the 'the

3) The production process, etc. of the instant film pertaining to the recruitment method, etc. of 684 military training soldiers

A) Details of original works

On the other hand, the fact that the film of this case was produced with the 's 's 's 's 's 's 's 's 's 's 's '' as seen above can be confirmed that the film of this case is clearly mentioned in the following cases while emphasizing the 's 's 's 's 's 's 's 's 's 's 's ''

(C) Along with the strong consent of the Republic of Korea, there was another death penalty as much as the number of times another death penalty was supported by the wall. The same is that a person who will serve for the Republic of Korea should be strong, and the person who will serve for the Republic of Korea should be strong. (m)

The scam scam scam and scam scam scam. The scam scam scam was a military truck before the security. The scam scam was scam, and two death penalty had already been scam in the scam scam on the truck.

The military truck started with the main question in a hot silent without any answer. The soldiers who completely put up with the complete armed were also able to have a tobacco divided to the death penalty at the time of the passage of an implied and independent door. (b)

At the same time, the people of the same wife were fluored at the fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluor. The fluorial fluor was the same as the fluor’s fluorial fluor’s flus

In accordance with the direction of the leader, the driver left the ship once every time. The homicide, robbery, rape, prize winner, divided divided courses, and the self-support group was all social cancer and garbage life.) who spawn each string of the aftermath of the anti-spath and two strings.

B) Explanations, etc. of white dynamics about differences between the original work and the film of this case

(i) However, on February 21, 2004, after the motion picture of this case was opened, the above white zone published the following articles on the Internet (No. 19-4 and No. 330 of the No. 19-4 and No. 330 of the No. 684) as the title, i.e., [the total organizing 1] of the instant motion picture, and thereby comparing and reviewing the original methods related to the recruitment of training soldiers and the differences in the contents of the instant motion picture.

(1) First: In the novel, training soldiers are mixed with the number of death penalty and the number of arms, most motion pictures are subject to death penalty and their opinions in other media? What is the truth?

On the other hand, it is true that the Doctrine was the former and that most of the training soldiers in the prison are civilians. However, it is appropriate that the training soldiers in the U.S. were civilian. On the other hand, it was difficult to listen to the detailed attitude of the Doctrine to the survival training soldiers who were the model of the Doctrine, different from the theory of the Doctrine. In addition, in the prison, 10 years prior to the 10-years where the Doctrine did not remain in the prison, the Doctrine was insufficient to use the Doctrine by understanding the Doctrine. Although the Doctrine was most civilian, the Doctrine was also the person who was in the prison. However, even if the Doctrine did not disclose the Doctrine.

At the time of the commencement of news gathering in full-time after release from the prison, the contact with the stronger in a foreign country was not contacted (after several years, the contact was written in writing, and the recent years.). In the Constitutional Court, all the data covered by the No.S. and interviews are nothing more than the death penalty but at least the prison origin.

All documents containing a practical person, such as a record of the National Assembly's speed (National Defense Records), a broadcast media outside the Republic of Korea, a meeting of Park Jong-man, a meeting of the President Park Jong-gun, a meeting of the Minister for National Defense, an anti-government, an anti-government, an anti-government, an anti-government, an anti-government, an anti-government, and an anti-government, etc.

The Chief of Staff, the Chief of Staff, the Chief of Staff (the Chief of Staff of the National Defense Agency), the Chief of Staff, the Chief of the Kim Jae-sung Spon-Sypyp Team, the Chief of the Incheon District Association, and various military personnel other than the former Central Information Department of the Republic of Korea who promised not to disclose his/her status. They are political parties such as the Gangseo-gu military market (at the time of the National Assembly member), Kim Han-soo, Kim Jong-sung, the member of the Lee Jong-sung, the secretary of the Lee Jong-gu Council, and the secretary of the Lee Jong-gu. On the other hand, journals, such as the Chief of the Korean Social Department of Ganmany. On the other hand, on the other hand, training soldiers are the number of crimes from death penalty or life imprisonment. I have testified clearly.

저는 강인찬 한 사람의 말보다 방대한 양의 증거자료와 이 나라 지도자급의 수많은 사람들 인격을 더 믿고 싶었습니다. 또 저 자신도 단순히 민간인 출신의 특수부대보다 사형수와 무기수로 이루어진, 존재하는 것 자체가 국가의 일급비밀인 특수부대에 더 매력을 느꼈던 것입니다. 그렇게 가는 것이 독자들의 구미를 더 당기게 할 것이라는 얄팍한 계산도 있었음을 부인할 수가 없습니다. 일단 사형수와 무기수라는 부대원의 이야기에 탄력이 붙자 소설은 쓰기가 훨씬 재미있더군요. (후략)}

(ii) As above, the reason why 'the way of soliciting prisons' was one of the reasons why 'the way of recruiting prisons' was emphasized, and one of the reasons why 'the way of recruiting prisons' was the purpose of inducing the interest of readers. However, in the case of 'the 'the 'the 'the 'the minimum possibility', the 'the 'the 'the 'the 'the 'the 'the 'the 'the 'the 'the 'the 'the 'the 'the 'the 'the 'the 'the 'the 'the ' the 'the ' the 'the ' the 'the 'the

C) Whether there was material related to 'private recruitment method' at the time of the production of the film of this case

(ⅰ) Summary of the debtor's assertion

At the time of the production of the film in this case, the debtor stated that all materials about the recruitment process of the 684 unit trainees, which had been reviewed in 2003, were recruited according to the prison recruitment method. At the time of the production of the film in this case, it was not easy for the debtor to listen to the statements of the relevant persons such as the period of time soldiers and their bereaved families, etc. who were alive at the time of the production. Therefore, at the time of the production of the film in this case, the debtor believed that most of the training soldiers were recruited by the prison recruitment method, and there was no way to confirm the fact that a large number of the training soldiers were recruited by the 'private recruitment method', as well as the production of the film in this case, it is difficult to view that the production of the film in this case was unfair. Meanwhile, it was difficult to see that the production of the film in this case did not mention directly, indirectly, and indirectly the case of the civilian recruitment method, including the 12th of the remaining after the production of the film in this case.

(ii) Data, etc. relating to the ' prison recruitment scheme' existing in the production of the film of this case

(5) On August 23, 1971, the records of this case revealed that the training units of 684 units were 1, 684, and were 1,60,000 or more of the above 1,000 military units [the Minister of National Defense at that time, 4,000 military units were 5,00 or more, 1,000 military units were 6,000 military units were 4,000 military units were 6,000,000,0000,0000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,00,00,00.).

(iii) Materials, etc. concerning "private recruitment methods" existing in the production of the film of this case.

1. However, the debtor's reference to the film of this case is 684 U.S. military units [the 684 U.S. military unit Kim Jong-chul (www.kh.co.k)'s tendency around 201 to 40 copies of the military unit. No. 26 evidence No. 1 to 5, No. 27 of the wall No. 1 to 40] 684 military units training, all of which were included by the information personnel. The 684 military unit's 4 military unit's 19th military unit's 6th military unit's 7th military unit's 196 military unit's 4 military unit's 6th military unit's 196 military unit's 4 military unit's 6th military unit's 196 military unit's 4 military unit's 196 military unit's 7 military unit's 20th unit's 7th unit's 7th unit's 20th unit's 20th new.

The case holding that since the documents prepared by Kim Jong-il, etc., who directly contacted the training soldiers as the commander of the unit of 684 unit, contain a significant detail about the individual cases to which the "private recruitment method" applies, this is obvious discrimination in the form or contents of the above (as for the above Kim Jong-il, the debtor stated that there was about 40% of the training soldiers among the training soldiers after the motion picture of this case, and thus, it is hard to view that the above 84 unit of 684 unit's training soldiers were subject to punishment of imprisonment with prison labor and punishment of 8 years before the motion picture of this case (see, e.g., evidence Nos. 8-1, 2 and 9, etc., evidence Nos. 8-1, 9, etc.) and 8 years before the motion picture of this case (see, e., Supreme Court Decision 8 years before the motion picture of this case).

(iv) Stoptop

On the other hand, in the case of senior executives who indirectly reported the recruitment process, etc. and indirectly made an abstract and comprehensive statement that seems to be contrary to historical facts, such as the above (ii), it can be deemed that there was a problem in the reporting system, etc. by an intelligence agency at that time, which was in charge of recruiting training soldiers.

However, the debtors themselves recognize that they refer to the detailed and individual cases regarding the solicitation of civilians in the process of producing the motion picture of this case [the U.S. military unit 684 military unit], and above all, the debtors' assertion that there was only the material about the solicitation of civilians at the time of producing the motion picture of this case, and there was no material about the solicitation of civilians.

Furthermore, the film of this case is about 684 units which were created 30 years prior to the 30th anniversary of the 40th anniversary of the 5th anniversary of the 4th anniversary of the production of the film of this case, it can be easily predicted that the civilian's families near the 4th anniversary of the 4th anniversary of the 60th anniversary of the production of the film of this case still continue to exist, and it is more likely that the 6th anniversary of the 6th anniversary of the production of the film of this case's 4th anniversary of the 6th anniversary of the production of the film of this case's 30th anniversary of the 4th anniversary of the 6th anniversary of the production of the film of this case's 4th anniversary of the 6th anniversary of the 6th anniversary of the 6th anniversary of the production of the film of this case's 4th anniversary of the fact that there was no possibility that the 6th anniversary of the production of the film of this case's 5th anniversary of the production of this case's.

(B) As to the face value of the 684 Military units training in North Korea, where the 684 Military units training changed "the enemy of North Korea."

1) Summary of obligees' claims

Despite the fact that there were many difficulties for the 684 military unit training soldiers in training courses, 4 training soldiers, who were sentenced to death penalty in the military trial immediately before the execution of the sentence, had a very strong impulse on the basic policy routes of our government at that time. However, in the film of this case, the 'the identity of training soldiers, such as inducing the general public to mislead them as if they were the 'the 'the identity of North Korean forces', such as the time when the training soldiers were dead.

2) Contents, etc. of the film of this case relating to “the enemy”

In the case of the film of this case, the following facts are as follows: ① 1 to 6 minutes after the time of arrest of a training soldier who raped a woman and waiting for the death of him (one to six minutes after the time of screening) ; ② other training soldiers enter the military team immediately after the death of the training soldier ; ② 1 to 10 minutes after the training soldier gets into the military team; ③ 1 to 10 minutes after the training soldier gets into the military team (1 to 10 minutes after the time of screening c) ; ③ the training soldier c to mar with the bus's seat on the bus in the process of entering Seoul; ③ other training soldiers c to mar with the time of his death of the training soldier on the bus (1 to 5 minutes after the time of screening mar); but, in the case of North Korea 684, there is no dispute between the parties to the above training course, such as "the parties to the military mar for the purpose of smooth education."

However, as in the records of this case, there is no evidence to prove that the training soldiers either learn the 'period' in the training course, etc. or caused it (the majority of remaining soldiers stated that the 'period' in the training course at that time did not go against the training soldiers), and therefore, it cannot be deemed that the contents of the film of this case conform to the historical facts.

3) Stoptop

On the other hand, in the case of the debtor, it can be seen that the training soldiers were voluntarily produced without any specific grounds, such as those described in Paragraph 2, which could lead to controversy that the personality rights of the deceased and their bereaved families were infringed by the method of impairing the identity of the training soldiers, even though it was sufficiently possible to confirm the fact that the training soldiers were able to hear the statements of the 684 unit soldiers who were alive at the time of production of the film of this case, and the process of handling rapes, etc.

(C) As to other pages that may be a problem with respect to the ingredients, etc. of a trainee;

(i) A specific film screen;

According to the records of this case, in the case of the film of this case, ① training soldiers were notified of the cancellation of the operation order from the training soldiers on a rubber boat during the night in which the training soldiers embarked in accordance with the official dispatch order, and during their usual lives, they were forced to resist the training soldiers for the franchising purpose while entering the training team, ② the training team ordered the training team commander to look at all the training soldiers from the upper part, ② The training team provided the opportunity to attack during the training team, and when the training team started, the training team provided them with an opportunity to commit suicide with their own rifle, ③ the training team informed of the fact that the training team franchising all the training soldiers inside the Seoul, and ③ the training team informed of the fact that the training team franchising all the training soldiers inside the training team together with several bombs in the training team within the Seoul.

2) Facts

However, there was no difference between the parties in the issuance of a call order to dispatch the 684 military units training soldiers to their reputation, and therefore, there was no behavior that the exercise soldiers resisted against the order to revoke their operations or engage in a usual behavior as stated in the film of this case. ② In the case of the Education Ledger, the exercise commander did not explicitly induce the attack of the exercise soldiers because they were not subject to the upper part of the order to kill the exercise soldiers. Rather, the fact that there was no dispute between the parties, such as the fact that the exercise soldiers entering Seoul did not die within the bus, and the fact that there was no dispute between the parties that the exercise soldiers entering Seoul did not die within the bus. Thus, the film of this case, such as the description of the above paragraph (1), may also be deemed to be inconsistent with historical facts.

3) Stoptop

1) As above, the film theaters describing the 684 unit training team training team's franchising, the upper part of the training team's shooting order, and the training team's bombs, etc. may be an element of strengthening the center axis of the film of this case where the training team was recruited by " prison recruitment method". This is because the training team's brucing of its original death, which can be treated as the object of the training order by our government at that time. In the case of training soldiers, it was impossible for our government to return to the society in a normal way, and thus, it is difficult to return to the society in a normal way, so there is room for the general public to feel the mispersive awareness of the fact that the training team flachising the extreme choice of power generation. However, it seems that the debtor voluntarily produced without any particular reason if it could cause controversy as above.

(D) As to the caption of the film of this case

1) General theory

In a case where a film modeled on the actual case or a person distorted a historical fact, it may infringe on the personality rights of the person as a model, and in the case of the film of this case, a considerable number of pages that can be seen as infringing on the personality rights of the deceased or their surviving families as a grave of fact inconsistent with the actual situation are included in the film of this case.

However, in light of the purport of the Constitution guaranteeing the freedom of arts, to a certain extent to see historical facts in producing commercial movies based on historical facts in order to enhance commercial interest and the appreciation of the audience, etc., therefore, in determining whether a film producer's personality right has been infringed, it is also necessary to examine whether an appropriate measure has been taken to effectively prevent the actual situation and confusion of the contents of the film, such as making the film producer aware that the contents of the film are different from actual facts, by clearly stating these colors in addition to this film, and making the film producer aware that the contents of the film are different from actual facts.

2) Contents of the caption on the motion picture of this case

① At the time of the motion picture of this case to be shown in the domestic motion picture audience, the phrase “unexplosive” is about 684 units established in 1968. It is known that the motion picture of this case is irrelevant to the past or the present North Korean motion picture program, and the phrase “I” (hereinafter referred to as “original screen”) is shown. ② In the case of DNA and video products currently produced and sold by the debtor, the phrase “I” has the capacity to know that the motion picture of this case was 684 units established in 1968, and that it is no more than 684 units established in 196, and that it is true that the motion picture of this case was created and listed in 196, and that it was no more than 6,000 units established in 199, for reasons of lack of relevant materials and absence of official evidence at the time of the production of the motion picture, and thus, it is possible to know that it was different from the fact that it was a new one of the parties to this case.

3) Stoptop

In the case of the prime body, only the contents that the ingredients, etc. of the 684 unit trainees are different from those of other North-North Korea unit, and the contents of the film in this case are not different from the actual facts related to the 684 unit. Thus, the difference between the two cannot be viewed as the contents that attracts attention of the general public.

However, it is difficult to see that a part of the expression is appropriate (for example, the part that the case of recruiting civilians was revealed only after the film in this case). In light of the fact that the detailed situation of the film in this case or the expression, etc. is based on the grammatic history, many of the training soldiers were recruited by the 'private recruitment method', and the fact that there may be different parts from the historical facts in the course of establishing training courses and other circumstances of the exercise soldiers, it is reasonable to see that the general public can play a role to restrain the confusion between the contents of the film in this case and the actual facts.

(3) Determination as to the existence of a preserved right

The provisional disposition to determine a temporary position as stipulated in Article 300(2) of the Civil Execution Act is an urgent and provisional disposition which is allowed only when the person having the right of provisional disposition has any other reason, in order to avoid the present significant damage or to prevent the imminent spread of the disputed relation between the disputed relation and the confirmation by the lawsuit on the merits. Whether such provisional disposition is necessary or not shall be decided jointly with the court's discretion, taking into account the understanding and loss relation between the parties according to the acceptance of the application on the relevant provisional disposition, the prospect of future winning in the principal lawsuit, and all other circumstances. Furthermore, as in the case of this case, the provisional disposition seeking the prohibition of showing the motion picture itself as to the motion picture of this case and the direct revision of the contents thereof, such a creditor's right becomes the same result as obtaining a final satisfaction of his right in the principal lawsuit, while from the debtor's standpoint, it is more satisfactory to the extent that the existing creation's right can be prevented (see, e.g., Supreme Court Decision 201Da32081, supra.).

However, as seen above, in the case of the film of this case related to the face of 684 unit training soldiers' origin ingredients or recruitment process or face of 's face of face of face of face of face of face, etc.', it may be viewed that the film of this case, which is the main contents of the film of 2004, infringes on the personality rights of the deceased or their bereaved family members by describing historical facts (see, e.g., Supreme Court Decision 2004Da2004, supra).

However, in this case where the debtor emphasizes that the motion picture of this case is a mere commercial motion picture based on the Gu, not a documentary document, as consistent from the first instance trial to the trial trial, citing the motion picture of this case itself as a direct correction of the contents of the motion picture of this case, it should be prudently taken. In particular, in the case of additional caption inserted in the DNA and video tape produced by the debtor in the process of this case, there is an inappropriate part in the expression, but it actually reduces the possibility of confusion among the general public, such as stating the fact that there is a historical part different from the fact during the establishment of training courses or other situations, it is difficult to see that the above provisional disposition decision of this case has become sufficient enough evidence at the present stage on the grounds that the rights of the deceased of this case and the creditors who are their family members were infringed.

(4) The theory of lawsuit

Therefore, the obligees' claims for provisional disposition based on the fact that the personality rights of the Deceaseds and their surviving families were infringed due to each film page that is inconsistent with the historical facts about ‘the case' among the motion pictures of this case, cannot be accepted.

B. Infringement of personal rights by advertisement and publicity of the motion picture of this case

(1) Specific contents of the advertisement and publicity

As seen above, the film of this case has been engaged in the advertisement and public relations activities with the appearance that the film of this case is "the historical truth" as to the film of this case, even though there are a considerable number of pages that can be seen as infringing on the personality rights of the deceased and their surviving families (see, e.g., evidence 23-3, etc.).

(A) Details of the official website (Evidence Nos. 13 through No. 15)

From the time when the debtor opens the film of this case from the domestic film theater to the present time, the items related to Movie's "Movie" (the detailed items are composed of Synops, Drtains, Probr, Note, Stffs, etc.), which are completely distinguishable from the official homepage that is operated by the debtor from the time when the film of this case was opened, are separately set up, and the contents written by the debtor as a detailed contents of this case are included in eight newspapers.

① What is ‘1.21 Cases of Shin?’?

On January 21, 1968, which was the direct opportunity for the creation of the 684 unit, describe a summary description of North Korea's armed riot case, 31 people of South and North Korea, who had been the direct opportunity for the creation of the 684 unit.

2. (US) Information collection dypoids.

On January 22, 1968, North Korea stated a summary description of the case of kidnapping the U.S. information collection without force.

(3) The establishment of homeland reserve forces, the incorporation of Cheongju National Defense Agency, the establishment of homeland reserve forces of 2.5 million won, the annual composition of the Korea-U.S. National Defense Council, and the establishment of association electric wires, etc.

As above, the summary of the Korean government and the U.S. government's response measures are stated in the case.

④ In fact, the U.S. North Korea unit, as well as the former was not the former.

On August 23, 1971, 684 units contain a summary description of the cases, etc. that entered Seoul.

(5) An operational name misscept: A mission Kim Il-sung and the width of main crossbows; a revocation of death penalty and remaining punishment, and a person who has laid off a failure shall be bomb.

A summary description about the recruitment process, etc. of 684 military training soldiers is included, and "training soldiers have already been sentenced to death or have been the bottom class of society including life imprisonment or inmates." It includes the contents that "training soldiers will undergo training on the ground that government is guaranteed a new life by cancellation of all punishment and cancellation of criminal records."

(6) A deceased person shall be dead. When arrested, he/she shall be trained to kill him/her.

It includes a summary description of the training situation, etc. of the unit, which includes "and, in August 1968, the first demonstration order is located far from the date of the establishment of the unit, the first demonstration order is attempted to escape to North Korea on the sea route, but is not in progress."

(7) Stacker unit which loses the value of existence, and its removal Dozers

A summary description of the 684 military unit's dissolution process, etc. is written, and there is no order from the upper part to remove the cellle unit which has lost the existence value. However, in the case of training soldiers who are in the way of human disease, the responsible period of soldiers, who were private soldiers, was the head of the police station. They include a summary description of the 684 military unit's dissolution process. They include "I select the last resort of electric power power power power power power power power power power power power power power power power power power power power generation before the end of the 84 military unit's suppression process."

8. Unclaimed thickness .. why they directed together with Cheongh? They were dyped? They were dyped?

There are questions about the dissolution process, etc. of the 684 unit, and it includes the following: " why why is why we have selected the last time for the power generation? The math of the birth together with the math of the power generation? The truth which has been hidden for 32 years. The truth which has been hidden for 32 years. It is now possible to speak, now, includes the contents "....... they are not dead."

(B) Motion picture publicity materials (Evidence No. 12-1, 2, 3)

In the case of film advertising materials distributed by the debtor at the time of showing the motion picture of this case in the domestic motion picture theater, the items related to Synopis, which is premised on the fact that the motion picture of this case is an establishment, and the items related to "About act (fact)" are completely divided. The following are included in the latter:

“In the event of the appearance in the court on one occasion for three years and four months after the Domination, the inter-Korean reconciliation crisis has been created, and there has been an order to remove the unit 684 units, which has lost the value of existence, as well as the training soldiers who attacked during the period. However, on the end of the suppression of the military force and the front end of the bell, all the soldiers who attacked on the period will be cut off before the Domination of the military force. Domination of the military force. Domination of the military force? Domination of the military force?”

(C) Each newspaper advertisement (Evidence No. 16-1, 2)

At the time when the debtor shows the motion picture of this case from the domestic motion picture center, the motion picture of this case was advertised including the following contents.

'32 Latented truth.'

"The truth which was hidden in December, 2003 and 32 years was revealed. There was no name. There was no reason to do so."

‘Egressive mobility of gressor who steals snow in Jink';

“I change all the power of the truth.”

(d) an attachment of dived dived dived dived dives ( Certificate No. 13)

1) On the other hand, in the case of the attachment of Dynopis (SIDO) manufactured around July 2004 after the decision of the first instance was notified of the first instance court's order, the following contents are written as follows: in the case of the attachment of Dynopis (SIDO) manufactured around July 2004 after the debtor promised the first instance court, etc. to add additional dynopis to Dynopis, etc. concerning the film of this case; and in the case of the attachment of Dynopis (SIDO), it is completely distinguishable from Synopis which is the premise that it is an dynopis?

(1) He/she shall carry out the operations name, name, lazk, Kim Il-am and the width of main crossbows. He/she shall revoke the death penalty of a public announcement of operational nature, and width of remaining-free fump fump

(2) A deceased person shall be dead. When arrested, he/she shall be trained to kill him/her.

"If the unit is established for a period of four months from the date of the creation of the unit, the first demonstration order is separated from the first demonstration order, and attempts to infiltration North Korea on the sea route, but it is still unconvened as the upper stop."

(3) Creation of an international situation and a settlement atmosphere between South and North Korea. He/she shall lose the value of existence, and "dick for removal because he/she does not require removal"

"The highest order to remove the country and its people is away. However, the period of soldiers, who were soldiers to be in charge of the training who were on the way to be a human soldier, was unfasible. They choose the last end of the suppression force and the bellative force before the fasible fassing of the power generation."

iv) why we should we go together with the audience? why why we would we see?? There was no way to see?

The truth, which has been hidden for 32 years, is why "I have selected the last time of the power generation?" but they are not dead as now, since they were able to speak."

2) In addition, there was no "the mark of the above attachment". There was no existence. There was no reason to see. There was no reason that there was no reason to see. There was a 32 years back to the truth."

(e) The outer packaging of video tapes (No. 14)

In addition, there was no 'the outer packaging of video tapes that the debtor started to manufacture and sell on July 2004.' There was no 'the fact that there was no reason to do so'. It was true that the 32-year-laped fact that the debtor did not have any reason to do so. It was printed on ‘the 110 million spectators' in the Jin room.

(2) Determination on the preserved right

(A) Difference between the contents of the film and its advertising and publicity

First, it is clear that the contents of the advertisement and publicity as seen in the above (1) can not be seen as a component of the film of this case, which is subject to the protection of 'the freedom of arts'. Moreover, it is a problem that ① whether the content of the advertisement and publicity as seen in the above (1) infringes on the victim's personality rights due to each aspect of 'commercial film that does not conform with the actual facts' and ② whether the contents of the film are infringed on the victim's personality rights by the advertisement of awareness that they are realizing the actual circumstances as they are; ② in the case of commercial advertisements such as the above, it may be viewed as being protected based on 'the freedom of expression guaranteed by Article 21 of the Constitution' in a broad sense, but it cannot be said that at least the commercial advertisements that actively publicize the contents of the film in actual facts as true are protected based on 'the freedom of expression' ( even if the opinion is taken on the protection of commercial advertisements such as the above, in the case of the advertisement and publicity of the commercial film whose historical facts are located, it should not be narrowly infringed on the victim's personality rights as to the film model.

(B) Stopto;

The debtors asserts to the effect that the advertisement and public relations activities on the film of this case are in accordance with ordinary practices and cannot be seen as over-the-counter advertisements.

However, as seen above, there is room to view that the contents of the film of this case are infringed upon the personality rights of the deceased and their surviving families by describing historical facts in the case of the 684 unit training activities among the film of this case. However, since the time when the film of this case was opened from the domestic film center, the debtor adopted a unique method of advertising and publicity, which is relatively detailed, on the separate item, such as ‘Movie or Synopsis', which is entirely distinguishable from the items of ‘Movie or Synopsis', ‘the film of this case', â‘, which is the subject of the film of this case, ‘the 684 unit training activities'. The above advertising and publicity are actively leading the general public to recognize that at least the contents of the film of this case are produced ‘private truth' among the contents of the film of this case, so it would not infringe upon the personality rights of the deceased, and thus, it would be difficult for the debtor to arbitrarily state the contents of the above item in this case.

In addition, as the above basic advertising and publicity is widely conducted, it would result in the general public to actively publicize and advertise the contents of the film of this case as if the contents of the film of this case were 's 's historical truth' through individual publicity media such as newspaper advertisements, dbdid's attachment, and the outer packaging of video tapes, etc. on the basis of such wide range of advertisement and publicity, it would result in leading the general public to recognize the parts related to the contents of the film of this case 2 as being 's 's dynamic truth' as being produced, so such advertisement and publicity shall not be allowed.

Therefore, regarding the above scope of recognition among the creditors' provisional disposition application related to the creditor's advertisement and publicity, it can be seen that there is sufficient explanation about the preserved right.

(3) Determination on the necessity of preservation

Although there is no dispute between the parties that the motion picture of this case is not shown in the domestic and foreign motion picture theaters, there is a need to preserve the debtor's right of personality of the deceased of this case and their bereaved families in the present stage, since the debtor is a person who is a debtor, such as the fact that the debtor operates the official web-site, and that the production and sale of DNA and video tapes that contain the motion picture of this case is continuing, and that the motion picture of this case is continuously provided to the general public through the order transmission system of video works, etc., it may be said that there is a concern that the personality of the deceased of this case and their bereaved families may be continuously infringed at the present stage.

(4) The scope of admitting provisional disposition

Although the Deceased had already died, the obligees, who are their surviving families, may demand that the obligees should no longer infringe on the rights of the Deceaseds or their surviving families. ① Since the obligor's official website concerning the film of this case and the attachment of a DNA set, which is currently being operated, and the outer packaging of the video tapes, are highly likely to infringe on the real rights, the obligees are not in conformity with historical facts as shown in the separate list No. 1 among the contents indicated in the separate list No. 1, and each part that is difficult to separate them, among the contents indicated in the separate list No. 2, the obligees should not request that the obligees delete the above content of the film of this case without any historical facts as described in the separate list No. 2, as well as the contents indicated in the separate list No. 3, the obligees should not request that the obligor delete the content of the film of this case as indicated in the separate list No. 2 and the content of the advertisement of this case.

(5) Examining indirect enforcement and disclosure orders

(A) Indirect compulsory performance

Since it is difficult to see that the obligation imposed on the debtor according to the provisional disposition order of this case is a substitute nature, in order to secure effectiveness of the provisional disposition of this case, the order of indirect compulsory execution is issued because there is no other method of compulsory execution except the order of indirect compulsory execution. However, considering various circumstances such as the contents of the order of provisional disposition of this case, the possibility that the debtor may violate it within a short time, and the difficulty of recovery of the creditor's damage and damage anticipated to violate it, it is reasonable to determine that the compensation is KRW 3,00,000 per day per violation day.

(b) An order of disclosure

Furthermore, although the creditors seek to publicly announce the purport of the provisional disposition decision of this case in a substantial way, the provisional disposition of this case does not prohibit the debtors from operating the website of this case or advertising and publicity thereof itself, but does not intend to completely prohibit the production and distribution, etc. of a package of DNA, which contains the motion picture of this case, and therefore, it is difficult to view that the public announcement by the execution officer is practically helpful for securing the effectiveness of the provisional disposition decision of this case, and thus, the public announcement order of this case should not be issued.

4. Conclusion

Therefore, the obligees' motion for provisional disposition of this case shall be accepted within the scope of the above recognition, and since the obligees have partially modified the motion for provisional disposition of this case as they came to the trial, the court shall decide to modify the decision of the court of first instance on the basis of the modified purport of the motion and make a decision as ordered in the Disposition.

Judges Cho Yong-ho (Presiding Judge)