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Reasons
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(영문) 서울중앙지방법원 2015.12.22 2014가단5326361
손해배상(기)
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of premise;

A. The Plaintiff posted 18 minutes video images of the same content as the attached Table 2 (hereinafter “the video of this case”). The Plaintiff posted the same as the instant video of this case in title 18 minutes to “B” (hereinafter “the video of this case”).

(2) On July 10, 2014, the Korea Communications Commission issued a request for the correction of access to the instant video information to nine network operators, such as Kti, a provider of information and communications services, on the ground that the instant video falls under “the content that substantially distorted historical facts related to the 5.18 Democratization Movement and the content that encourages prejudice against the relevant group or individual,” based on Articles 6 subparag. 3 and 8 subparag. 3(f) of the former Review Regulations on Information and Communications Technology (amended by Regulations No. 106 of the Korea Communications Commission, May 1, 2014; hereinafter “former Review Regulations”).

(2) On July 11, 2014, the Internet service provider’s access to the instant video information was prevented in accordance with the instant corrective order. (2) On October 27, 2014, C posted 28 copies as shown in attached Table 3 on each Internet address as indicated in attached Table 4 (hereinafter “instant corrective order”).

2) On October 23, 2014, the Korea Communications Standards Commission issued a request for the deletion of the first notice of this case to NAVB Co., Ltd. on the same grounds as the foregoing A-2).

3) On October 27, 2014, NAV Co., Ltd deleted the first notice of this case. (c) On January 9, 2015, 2015, the Defendant, on January 8, 2015, issued to NAV Co., Ltd. a demand for the deletion of the same text as indicated in attached Table 5 (hereinafter “the second notice of this case”).

2) On September 19, 2015, NAV Co., Ltd deleted the second notice of this case. [The grounds for recognition Gap 1, 2, 9, and 9.]

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