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| TITLE | [Request for Trial on the Counterargu- ment Report]Supreme Court Decision 2002Da49040 Delivered on February 10, 2006 [full Text] |
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| Summary | |
| [1] Whether part of Article 16 (7) of the former Registration, etc. of Periodicals Act acknowledging that the central or a local government may claim a right of reply concerning a press report is unconstitutional (negative) [2] Whether part of Article 16 (7) of the former Registration, etc. of Periodicals Act acknowledging that a head of an institution or organization may claim a right of reply concerning a press report on behalf of such institution or organization concerning its businesses, although the institution or organization does not possess legal standing (negative) [3] The case holding that the Government Information Agency shall be deemed to have the admissibility to legal proceedings in the case of seeking a trial on a right of reply concerning a press report [4] The criterion to determine whether the contents of the original report, which has become the subject of the exercise of the right of reply, are factual statements or simple expression of opinion [5] The case holding that the court below's decision ordering a correction report as a result of right of reply to the press shall be reversed under the presumption that the above original report contains factual arguments, although the contents of the press report, which is the subject of the right of reply, is simple expression of opinion of the press in the light of overall circumstances | |
