2013Da66515 Compensation for Damages

A person shall be appointed.

1. Cultural broadcasting of stock companies;

2. B

Seoul High Court Decision 2013Na13551 Decided August 2, 2013

December 11, 2014

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

Even in a case where a media such as a broadcast runs an act that defames another person by pointing out a fact, if the purpose of the media is solely for the public interest, it shall be deemed that the actor believed that the alleged fact is true or, even if there is no proof thereof, if there is no reason to believe that it is true or that there is a considerable reason to believe that it is true. Here, the phrase “when the objective is solely for the public interest” refers to the expression of the fact for the public interest, as it concerns the public interest when objectively viewed the alleged fact, and as such, the actor expresses the fact for the public interest. If the principal purpose or motive of the actor is incidental to the public interest, it is unreasonable even if the other private interest purpose

In addition, " true facts" means facts that are consistent with objective facts in light of the overall purport of its contents, and even if there is a little difference from truth or somewhat exaggerated expression in detail (see Supreme Court Decision 2003Da52142 delivered on March 23, 2006).

For the reasons indicated in its holding, the lower court determined that it was difficult to deny the Defendants’ filing of the instant report for the sake of public interest, on the grounds that: (a) the instant report pertaining to Cental Hospital Group was consistent with objective facts and was related to public interest; (b) the Defendants were deemed to have filed the instant report for public interest; and (c) the instant report was denied, on the grounds that the Defendants did not mention the responsibility of the importers with respect to the distribution of T - 3 Crown & Bricley (hereinafter referred to as “T3”) or the Korea Food and Drug Administration; or (d) did not mention the fact that the instant report was made for the sake of public interest.

Examining the record in accordance with the above legal principles, the above determination by the court below is just, and there is no error of law by misapprehending the legal principles as to the determination of the authenticity of the contents of the report and the determination of

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Sang-hoon

Justices Shin Young-young

Justices Kim Jae-tae

Justices Jo Hee-de