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(영문) 전주지방법원 2019.05.22 2018가합4368
정정보도 및 손해배상(기)
Text

1. The defendant shall pay KRW 5,000,000 to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Basic facts

A. The plaintiff is a local government subject to the Local Autonomy Act, and the defendant is a press organization that operates B's Internet homepage C.

B. On August 22, 2018, the Defendant posted the article as shown in attached Table 1 (hereinafter “E”) on the website of B [D], as the title “E”, and on August 26, 2018, on the Internet homepage of B [D], as the title “F”, the article as described in attached Table 2 (hereinafter “instant article”) was inserted as the title “F” (hereinafter “instant article”).

C. On August 29, 2018, the Plaintiff filed an application with the former North Korean Arbitration Board (hereinafter “G Committee”) for the adjustment of the corrective report on each of the instant articles and the claim for damages due to defamation of the Plaintiff. On September 11, 2018, the G Committee stated that the Defendant, at the hearing of the G Committee, expressed his intention to accept the instant articles, recommended the Plaintiff to waive the claim for damages, and the Plaintiff’s agent would comply with the decision of the K Committee.”

On the same day, the G Committee rendered a decision in lieu of conciliation, including “the Defendant shall make a corrective report on each of the instant articles, and the Plaintiff waives the remainder of the claims when the corrective report is implemented.” On September 18, 2018, the Plaintiff filed an objection against the said decision.

(On the other hand, the defendant made a corrective report on each of the articles of this case after the above decision (which is the ground for recognition). [The fact that there is no dispute, Gap evidence Nos. 6, 7, Eul evidence No. 2 (including the provisional number), the purport of the whole pleadings.

2. Determination on this safety defense

A. On September 11, 2018, the Defendant stated that the Plaintiff would comply with the decision of the arbitral tribunal at the time of the mediation hearing by the G Committee, and published a corrective report with trust that the Plaintiff would accept the decision of the G Committee.

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