beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The defendant is a corporation operating online newspaper B (website) B.
B. The Defendant posted the article in the separate sheet (hereinafter “instant article”) prepared by the Defendant, a citizen reporter who belongs to the Defendant, on the Internet homepage as “D”. The above article contains a description that the Defendant, at the time of F, lost a photograph containing the appearance of Kim Jong-kim in F along with G (hereinafter “instant photograph”) (the second person on the left left side of the photograph), and that “F contains employees and Kim Jong-kon,” under that description.
[Reasons for Recognition] The entry of Gap evidence No. 2 and the purport of the whole argument
2. The plaintiff's summary of the plaintiff's claim is a photograph taken before the plaintiff works in F, or the plaintiff does not want to inform other persons of the fact that he works in F, and the plaintiff does not want to inform other persons of the fact that he works in F. Although he treats the plaintiff's face in this case, many people still know the plaintiff and are still working in F. Thus, the plaintiff's whole deletion of the article, including the photograph of this case containing the plaintiff's personal information, is sought against the defendant.
3. Determination
A. The relevant legal doctrine has a right not to be taken, taken, disclosed, or used for profit, on his/her face and other physical characteristics recognizable as a specific person by social norms. Such portrait rights are constitutional rights guaranteed by the first sentence of Article 10 of the Constitution of the Republic of Korea.
In addition, Article 10 of the Constitution guarantees the secrecy and freedom of privacy along with Article 17 of the Constitution. Accordingly, individuals are not only passive rights where privacy activities are not infringed on others or disclosed without permission, but also their own information in today's highly-oriented modern society.