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(영문) 서울중앙지방법원 2017.04.07 2016가합522288
정정보도 및 손해배상
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The Plaintiff was active from the Diplomatic Association located in Chungcheongnam-si to the end of 2011, and was active as a pastor from around 2012.

The defendant is a press company that publishes online newspapers.

Around January 2016, the representative F of the consulting company claimed that the so-called “E” list (hereinafter “the instant list”) is a list of sexual buyers prepared by sexual traffic business operators working in the Gangnam-gu Seoul.

A reporter G, who belongs to the Defendant, prepared an article (hereinafter referred to as “instant article”) of the title “A” (hereinafter referred to as “instant article”) on the basis of the content of the instant list of H, and posted it on the website (C), and the content thereof is as shown in attached Table 2.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 6 evidence, purport of the whole pleadings

2. The gist of the Plaintiff’s assertion indicated false facts that “the Plaintiff engaged in sexual traffic over several occasions” through the instant article.

Therefore, pursuant to Article 14(1) of the Act on Press Arbitration and Remedies, etc. for Damage Caused by Press Reports (hereinafter “Act on Press Arbitration”), the Plaintiff seeks publication of a correction report as stated in attached Table 1, and seek payment of KRW 30 million for damages caused by defamation.

3. Determination

A. The Defendant asserts to the effect that the Plaintiff has no interest in claiming a corrective report against the instant article, as it is not clearly acknowledged that the content of the instant article pertains to the Plaintiff when objectively determining the content of the instant article, and that there is no interest in claiming a corrective report against the instant article.

"A person who suffers damage due to the failure of a press report to be true" as provided for in Article 14 of the Press Arbitration Act means a person who is designated by the content of the press report or deemed to have an individual relationship with the content of the press report.

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