1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. On the Internet site world clubs (htp:/www.sdayb.com) provide three clubs music broadcasting services that enable subscribers to open a broadcasting station on an online basis and play music broadcasts. The Defendant is operating a multi-channel channel broadcasting station of “E” using the above services as its members ID C (alias: D).

B. The Plaintiff posted a notice of the title “G” on the free bulletin board of F.M. F. C. C. H. broadcast station, and the Defendant deleted the above notice.

C. Since then, the Plaintiff posted three-time notices indicating the above deletion criteria, and the Defendant deleted all of them.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. The plaintiff's assertion asserts that the defendant's arbitrary deletion of the article posted in the above Clateral Channels Broadcasting Station is unlawful as an act infringing the plaintiff's freedom of expression and copyright. Thus, the defendant should compensate for mental damage suffered by the plaintiff.

B. The constitutional right of freedom of expression of an individual is indirectly applied through general rules under the Civil Act, such as the principle of good faith and social rules, in a private sector where private autonomy is established, and the freedom of expression of one party is ordinarily in conflict with the value of privacy and peace of the other party.

However, according to the contents of evidence Nos. 11 through 14, and Nos. 1 and 2, and the purport of the whole pleadings, a broadcasting station operated at a club is granted not only to the founder’s right to decide when music is transmitted as a private space and in any way to operate a broadcasting station, but also to close it.