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(영문) 서울서부지방법원 2016.08.24 2016가합32483
정정보도 및 손해배상
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an organization that publishes an online newspaper related to the Mesium, which had been in charge of juvenile history at the Diplomatic Association located in Young-si for a long time (from around 2012 to Mesium, who had been engaged in Mesium and had previously been engaged in Mesium) and the Defendant is an organization that publishes the Mesium.

B. On January 2016, the disclosure of “sexual traffic list” by the consulting company F, the representative F, when disclosing the so-called “sexual traffic list” (hereinafter “the instant list”) to the media, claimed that the said list is a list of sexual buyers prepared by the sexual traffic business operators who engage in activities in the Seoul Gangnam Group.

C. The Defendant, based on the content of the instant list, prepared and posted the instant article under the title H of “H” on its website (C), and the contents thereof are as shown in attached Table 2.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 and Eul 17, the purport of the whole pleadings and arguments

2. The Plaintiff’s assertion asserts that the Defendant indicated false facts that “the Plaintiff engaged in sexual traffic over several occasions” through the instant article, and sought ① the publication of a correction report as indicated in attached Table 1 (Article 14(1) of the Act on Press Arbitration and Remedies, etc. for Damages Caused by Press Reports), and ② compensation for damages arising from defamation.

3. Determination

A. First of all, as to whether the Defendant alleged the facts of the Plaintiff’s assertion via the instant article, the content of the report on the fact that objectively lowers the victim’s social evaluation was expressed in the form of a news article that is not a conclusive expression by citing a report, a third party’s speech, or a news report, but is expressed in the form of a news article. However, if the report was made in the manner of suggesting that the fact may exist in view of the overall purport of the expression, it shall be deemed that the fact was publicly stated. Accordingly, Supreme Court Decision 2007Do5312 Decided November 27, 2008, etc.

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