206Na7242 Compensation for damages

Extraordinary (000000-000000)

Busan Geum-gu

Law Firm 00

[Defendant-Appellee]

1. KoreaOO00;

Yeongdeungpo-gu Seoul

Representative, President Park 00

2.700 (00000-0000)

Busan Suwon-gu

[Defendant-Appellant] Plaintiff 00

Busan District Court Decision 2005Gahap18545 Delivered on February 15, 2006

November 15, 2006

December 1, 2006

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

The judgment of the first instance shall be revoked. The defendants shall pay to each plaintiff 411,58,90 won with 20% interest per annum from the judgment of the first instance to the day of full payment.

1. Basic facts

The following facts are not disputed between the parties, or can be acknowledged in full view of the purport of the whole pleadings in each entry in Gap evidence 2, 12, 6-1, 6-2.

○ As a doctor of the pathic spirit, the Plaintiff is the president of the 100 Hospital located in the 308-dong-dong-dong-dong-dong, Busan (hereinafter “Plaintiff Hospital”), the Defendant Korea 0000 (hereinafter “Defendant Television”) is a juristic person established as the State-based broadcast to efficiently implement domestic and foreign broadcasts, and the Defendant Y0 is a person who coverages and reports the following broadcasts (hereinafter “the instant broadcasts”) as a news reporter belonging to the Defendant Broadcasting Company:

The Defendant broadcaster, among the “OTV 000 OTV 0000, broadcasted on July 7, 2005 20:00, broadcasted the following contents for about one minute 32 seconds from the “Refluence News”.

The captioned on the right upper corner of the screen: A mental hospital for the fluoriana

0 Poppy: 40 percent of the date used in the distance of alcohol, which was forced to be hospitalized in a mental hospital for a period of 4 years;

v. The 40th of this health is a disabled person with almost little snow in the real name of the disabled.

The NO reporters coverages and coverages.

○ Defendant KangO (SO) on the lower page of the screen “SIO ambling on April 1, 199 and then by the police.”

The caption “transfer to the hospital” : 48 Doz Kim00 c is against the beginning of April 24, 99, at night, Busan.

He was under the influence of alcohol in one market of the Dongsan-gu, and following the day, Kim Jong-si will be able to see the snow:

I agreed with the mental hospital. He requested discharge, but the guardian must do so in person.

I have rejected.

○ The persons related to the Plaintiff Hospital [the consent of the police who transferred the person related to the hospital (in the case of the consent of hospitalization)]] above the screen.

The caption "I have to provide future treatment and receive the consent of the head of the Gu" : Transfer

under the consent of the police, us has to provide medical treatment and receive the consent of the head of the Gu.

○ Defendant 500: no guardian is available, but Kim C's pacian who has occupation and residence.

I did not.

○ Kim00 (Indication of “involuntary hospitalization at a mental hospital for four years” below the screen): There is no guardian.

A person shall be placed on the road, and a place which is not visible to the time of death if the person is placed in a mental hospital;

. Whether it is a hospital, any country of the world.

○ Defendant river00: The Gu Office paid only the amount of KRW 800,000 per month for the hospital expenses of KRW 800,000 per month and neglected the management supervision.

I. Kim Jong-C not only hospital but also supervisory administrative agency name and resident registration number.

It has been managed. Once the patient is sent to the emergency room of the Si Medical Center, the patient shall be sent to the emergency room of the Si Medical Center.

The same applies to the police who are responsible for the guidance.

○ Police-Related Persons (at that time, documents have been destroyed by three years and more at that time) on the lower page.

The caption indication: At that time, the document keeping period was three years and has been discarded.

○ Defendant 00: Kim Jong-soo for a four-year period of mental illness after a mental disorder.

I have become disabled under the name and real name of the news agency.

In addition, among the program of 000 TV 1.00 TV broadcasting aired in 21:00 the same day, the Defendant broadcast the above contents except for the introduction of poppy as follows (the Plaintiff asserted that the Defendant broadcaster had broadcast the same contents in the program of 000 TV 1.06:0 on July 8, 2005, the following day, but there is no evidence to acknowledge it, and rather, it is recognized that there was no fact that the broadcast of the above contents was broadcast in the above program.

0 앵커 : 술에 취해 거리에 쓰러졌던 40대 남자가 정신병원에 4년간 강제 수용된 사실이 뒤늦게 밝혀졌습니다. 아무리 멀쩡한 사람도 재수가 없으면 영화 속의 올드보이가 될 수 있는 현실이 무섭기만 합니다. 강OO 기자가 보도합니다.

2. The plaintiff's assertion

The Plaintiff, as the Plaintiff hospital, took over Kim 00, who was a happy patient from the police to treat Kim 00 in accordance with due process of law, such as the Mental Health Act, and was well aware of this fact before the broadcast of this case, the Defendants asserted that the Plaintiff hospital was forced to accommodate Kim 00 for four years in the broadcast of this case, and that it was managed as the name and resident registration number of the Plaintiff hospital, by falsely reporting that the Plaintiff hospital was able to recognize that the Plaintiff hospital was in bad and bad faith. Furthermore, the Plaintiff hospital’s image was damaged to the Plaintiff’s property damage equivalent to the promotion expenses of the Plaintiff hospital for three years. The Defendants jointly and severally asserted that the Plaintiff was liable to pay consolation money for three years, 11,58,90, 4105, 4105, 190, 4105, 198, 190, and damages for delay due to defamation.

3. Determination

A. Whether a broadcast report contains any content that impairs a specific person’s reputation should be determined on the basis of the objective content of the broadcast report in question, and on the premise that the general viewers have access to a broadcast report with ordinary care, the overall impression of the report to viewers should be determined on the basis of the overall flow of the report, screen composition method, ordinary meaning of used words and method of linking phrases, etc. (see Supreme Court Decision 2001Da53387, Feb. 27, 2004, etc.).

Meanwhile, even in a case where a media, such as a broadcast, impairs an individual’s reputation by pointing out a fact, if the purpose is solely for the public interest as a matter of public interest, it shall be deemed unlawful if the alleged fact is proven to be true (see, e.g., Supreme Court Decision 2001Da53387, Feb. 27, 2004). In a case where a report is made by emphasizing some specific facts in the process of making a little exaggeration or making it easy to easily understand complicated facts, such as taking a sense of fact in the broadcast report, it shall be deemed that the authenticity of the report is recognized if the important part is consistent with the truth in light of the overall context.

B. Therefore, it is recognized that the following facts are comprehensively taken into account the health class, A5, A6, A7-1 to 12, A10, A11, A12, A13, A14, A15-1 through 6, A16-1 to 8, A17-9, A17-17-9, A18, A20, A20, Eul evidence 1, 20, Eul evidence 2, 3, Eul evidence 4-1, 4-2, 3, 5, Eul evidence 8, 9, 10, and the testimony of the first instance court, and the whole testimony of Kim.

○ The above Kim 00 (resident registration number: 000- 00000) reported from the instant broadcast was employed as daily workers at the new site. From August 1998 to August 3, 1998 without the moving-in report, he was living in the house of Busan Dong-gu 3 Dong-gu 599-13 located in Busan, and after his death, he used the name of "Mag00" instead of his name.

On April 24, 1999, around 21:37, 1999, ○ Gim00 was under the influence of alcohol on the frontway of the Sododong-dong of Busan, Busan, but was transferred by the police officer belonging to the Sosan Police Station to the said police box, and on 22:20 of the same day, he was recognized as a patient to be in charge of driving, and the plaintiff hospital was transferred from the above police box to the plaintiff hospital. After that, on May 19, 1999, the plaintiff hospital received a written consent of hospitalization under Article 24(1) of the Mental Health Act from the head of the Gu, who is the person in charge of custody of Kim 00 under Article 21(3) of the Mental Health Act.

At the time when the ○○○ Hospital transferred Kim00, Kim0 did not possess any material to prove its identity, even in the case of 'the patient transfer certificate' issued by the Sinsan Police Station to the Plaintiff Hospital at the time of the transfer of Kim00 to the Plaintiff Hospital, 'the patient transfer certificate' is written in the name column of Kim 00 as 'the name of 'the name of 'the name', 'the name of 'the name of 'the name', 'the other occupation, permanent domicile and address', 'the name of 'the name of 'the name of 'the name of 'the name',

○○ Kim00, after being transferred to the Plaintiff hospital, knew that there was a shoulder around 07:20 on April 25, 1999, and that there was a cause of the Plaintiff’s disease, the nurse of the Plaintiff hospital knew that there was an aggressive attitude to why he was in the hospital.

On April 26, 1999, ○○ Kim00 called the Plaintiff’s nurse at the Plaintiff’s hospital “the inside name” is not Kim00, but Kim 00, 43 years old, and 43 years old. Accordingly, the nurse called “the liquor tax on contact now at his house” and called “the phone number: 808-6384) and sent the phone to Kim 00 at his house (the phone number: 808-6384), and the nurse called “the phone number,” which was known to Kim 00, and it was not easy to go back due to the sudden circumstances in his house.

After ○○○, Kim 00 had continued to go through the phone or send letters to one’s own house, but it did not go through the phone or contact. However, in the event of contact, it would not be a way to deal with him, and even in the event of contact, it would not be a way to deal with him.

On the other hand, the plaintiff hospital diagnosed Kim 00 that there is abuse of alcohol and dependence, provided treatment for Kim 00, and provided treatment for anti-social character and editing that are accompanied by chronic alcohol dependent patients, and continued to hospitalized treatment for the remaining symptoms every six months after Kim 00's hospitalization, claiming continuous hospitalization examination to the Busan Mental Health Deliberative Committee, and obtaining approval for extension of the base.

○○ Hospital did not have any data to verify the name and resident registration number of Kim 00 during the period of admission in Kim 00, and there was no continuous written request for examination of hospitalization and treatment, medical records, etc., the name named in the “written request for examination and treatment of the patient” at the time of transfer to the Plaintiff hospital, and the resident registration number column has managed Kim 00 by stating the management number which was voluntarily granted by the annual Office to apply medical insurance benefits (from 264709 - from 500328 to 33700 - 500209 at the beginning of 2001).

From the end of July 2001 to the end of February 2002, 000, ○ Kim00 showed pedestrian disorder while resisting for bridge mabba, she was sent out from Busan Medical Center, etc. from February 15, 2002 to February 26, 2002, she was hospitalized from Busan Medical Center due to mematic disorder, and she was hospitalized from Busan Medical Center from February 15, 2002 to April 7, 2004.

○○ Gin-00 went out of the Plaintiff hospital on March 27, 2004, and returned to the Plaintiff hospital on April 2, 2004. Except this, the Plaintiff hospital could not go out of the Plaintiff hospital according to its own will during the period of hospitalized treatment at the Plaintiff hospital.

○○ Kim00 discharged the Plaintiff’s hospital on April 18, 2005. At the time of discharge, Kim 00 was a delay in class 2 due to the climatic disorder and the climatic disorder.

On June 30, 2005, 2005, after the discharge from the Plaintiff hospital, the Defendant’s broadcaster was 00 in the Busan Broadcasting Station, but it was used on the drinking distance at around April 24, 1999, and was a mental hospital and was forced to leave the hospital for four years under his name, instead of his name.

○ Accordingly, Defendant Gangnam 00 filed a report on confirmation of facts against the Plaintiff hospital, the competent police station, and the head of the house, which had been residing in Kim 00 before his hospitalization. During the coverage process, the Plaintiff hospital stated that, as a patient (unrelated), the Plaintiff hospital entered and managed the management number granted by the competent Gu office to apply the medical insurance premium rate to the Plaintiff hospital in the resident registration number column in the case of a patient for whom the details and personal information are not clear, as the patient for whom the Plaintiff hospital was transferred to the Plaintiff hospital, and the patient for whom the personal information is unknown.

On the other hand, on July 5, 2005, immediately before the instant broadcast, the National Human Rights Commission filed a complaint with the Prosecutor General on the grounds that it infringed on the patient’s long-term illegal hospitalization and the patient’s freedom of privacy, and the patient’s freedom of communication, and distributed news report materials stating that it recommended the local government having jurisdiction over the relevant mental hospital to prepare a thorough management and supervision.

On July 8, 2005, the Defendant had a problem in the process of transferring Kim 00, which was after the instant broadcast, to the Plaintiff hospital, the procedure of confirming the identity of the Plaintiff hospital, etc. The National Human Rights Commission commenced an investigation on these issues, and made a broadcast report stating that the current Mental Health Act plans to recommend the revision of the Act, considering that there is a human rights infringement.

On the other hand, after the broadcast of this case, Kim 00 filed a complaint with the Busan District Prosecutors' Office for the violation of the Act on Punishment of Violences, Etc. (even at night, joint confinement), but the Busan District Prosecutors' Office decided on October 10, 2005 that the plaintiff was not suspected of being informed of the lack of evidence.

다. (1) 위 인정사실에서 본 바에 의하면, 이 사건 방송에서는, 김00이 원고 병원에 ‘강제입원’ 또는 '강제수용’되었고, 멀쩡한 사람도 재수가 없으면 영화 속의 올드보이' 가 될 수 있다는 앵커의 말을 방송하면서, 김00 이 술 취해 쓰러진 뒤 경찰에 의해 정 신병원에 인계되었다는 자막과 함께 그와 같은 취재기자의 말에 이어서 김00이 퇴원 을 요구했지만 보호자가 직접 와야 한다며 거절당하였다는 취재기자의 말을 방송하는 한편, 김00은 인계해 준 경찰의 동의 아래 치료를 해야 했고 구청장의 동의를 받아서 치료를 한다는 원고 병원 관계자의 말을 방송한 후 , 보호자는 없지만 직업과 거주지가 있다는 김00의 애원은 아무 소용이 없었다는 취재기자의 말을 방송하였다.

As seen earlier, considering the objective content of the broadcast as well as the overall flow of the news report on the premise that the general viewers receive broadcasting with normal care, the above broadcast content was transferred to the Plaintiff hospital by the police of Kim 00, which was under the influence of alcohol and was no longer possible to make a normal decision, and the guardian could not be arbitrarily discharged from the Plaintiff hospital because the guardian did not have the right to do so. Thus, the treatment of Kim 00 does not include the explanation that the Plaintiff hospital was conducted with the consent of the police and the head of the Gu, and it is not the purport that the Plaintiff hospital unilaterally took measures against Kim 00. The expression "voluntary admission" or "voluntary admission" or "the drupture of the film and the film" among the above broadcast content is the expression emphasizing or compressedly expressing that it is hospitalization against its own will from the point of Kim 00, and it is true that the head of the Gu recognized this fact as above is that Kim 00 was under the influence of alcohol and that the guardian was not transferred to the Plaintiff hospital or the guardian did not take over the contact with the Plaintiff.

(2) In addition, according to the above facts of recognition, the broadcast of this case, while neglecting the management and supervision of the Gu office, was managed not only by the Plaintiff hospital but also by the supervisory administrative agency, and it was rarely managed as the name and resident registration number, and the police, who had followed the guidelines to send them to the Si Medical Center emergency room, was also in the same manner responsible for non-responsibility.

As seen earlier, considering the objective contents of the broadcast as well as the overall flow of the news report on the premise that the general viewers receive broadcasting with normal care, the above broadcast content is hospitalized without being identified as the name and resident registration number of Kim 00, and without being identified as such. As seen earlier, the responsibility of the Gu office and the police also mentioned the responsibility of the Gu office and the police. As seen earlier, the news reporters’ speech and treatment of Kim 00, which were handed over to the Plaintiff hospital by the police, after broadcasting the horses of the Plaintiff’s staff members, that the consent of the police and the head of the Gu, should be obtained, and it does not necessarily mean that the fact that the identity of Kim 00 was not properly identified is not the responsibility of the Plaintiff hospital. In light of the above fact that the name and resident registration number of Kim 10 did not accurately be identified, it appears that the name and the telephone number of the Plaintiff at his own hospital and the Defendant’s phone number at his own discretion were assigned to the Plaintiff hospital or the Defendant’s phone number at 00.

(3) On the other hand, the Mental Health Act, which was in force at the time of the instant broadcast, has been providing that all mentally ill persons shall be guaranteed dignity and value as human beings, prohibiting hospitalization without the diagnosis of a psychiatrist, allowing the Mayor/Do governor to file a claim for discharge or improvement in treatment, etc., and as seen above, prior to the instant broadcast on July 7, 2005, the Korea Human Rights Commission filed a complaint against the director of a mental hospital who treated a mentally ill person in violation of the relevant Acts and subordinate statutes, such as the Mental Health Act, and recommended the competent local government to thoroughly manage and supervise the mentally ill person. In light of the above, the broadcast of this case is intended to point out the issues on the treatment and protection of rights of a mentally ill person through cases of Kim 0, and urge them to prepare for an interest and preparation.

D. In full view of the above circumstances, the broadcast of this case is related to public interests, such as treatment of mentally ill persons and protection of rights, and its purpose is for public interest, and the fact that the time was stated is also deemed to be true in light of the overall context, since the broadcasting of this case cannot be deemed to constitute a tort, and thus, the Plaintiff’s claim of this case on the ground of such an unlawful act is groundless.

4. As to the addition of the plaintiff's ground of claim in the trial

The Plaintiff asserts that, through the addition of the cause of the claim as of July 13, 2006 and the preparatory brief, the Defendant Broadcasting Company broadcasted the work similar to the instant broadcast on July 11, 2005, in the program of “TV 2TV 2,000,” and asserts that the said broadcast should be added to the cause of the instant claim as of July 11, 2005.

On the other hand, Article 262 (1) of the Civil Procedure Act provides that "the plaintiff may alter the purport or cause of the claim until the conclusion of pleadings within the Do unless the basis of the claim is changed: Provided, That the same shall not apply where the plaintiff significantly delays the difference in the lawsuit." According to the plaintiff's above preparatory documents and the video of evidence A28, the broadcast dated July 11, 2005 as of July 11, 2005 is separately collected and broadcasted by a flooder who is not the defendant 00 and is not the defendant 1, and there are various different pages, such as the broadcast of this case, news report, news coverage, etc., and the addition of the above cause of the claim constitutes a case where the addition of the above cause of the claim is deemed to significantly delay the litigation procedures, and thus, it is not permitted.5. conclusion conclusion

Therefore, all of the plaintiff's claims against the defendants are dismissed, and the judgment of the court of first instance is just in conclusion, and all of the appeals against the defendants are dismissed, and it is so decided as per Disposition.

Intention (Presiding Judge)

Lives and worship

Track-in