Press Arbitration Commission

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Remedial Procedures for Damage

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  • Remedial Procedures for Damage
  • Mediation and Arbitration

Remedial Procedures for Damage

프린트 폰트작게 폰트크게

Mediation and Arbitration

프린트 폰트작게 폰트크게
Mediation
Mediation is a method of dispute resolution involving an arbitral tribunal who tries to help the parties in dispute reach an agreeable solution. Either the aggrieved party or the press organization, Internet news service business operator, and Internet multimedia broadcasting business operator (hereinafter as "press organization, etc.,") concerned may initiate the mediation procedure.
Arbitration
Arbitration is a method of dispute resolution involving an arbitral tribunal whose decision is binding. Therefore, the aggrieved party and the press organization concerned must submit a written agreement in which they commit to honor the arbitration award.

Procedures of mediation

Filing an Application for mediation
You can apply for mediation within three months from the date of your awareness of the challenged news report, etc., Moreover, no application, filed after 6 months from the date of the challenged news report, etc., can be accepted by the commission.
mediation
The mediation procedure shall be completed within 14 days after the filing except in an ex officio ruling on the mediation. If the commission grants an ex officio ruling on the mediation, it shall be done within 21 days after the filing.
  • Settlement
    Through the settlement between the aggrieved party and the complained-of press organization, etc., correction of a news report, a reply to the precipitating news report, or a follow-up news report is available. You may seek compensation, too.
  • Ex officio ruling on mediation
    If both parties fail to reach a mutual agreement throughout the mediation procedure, the Commission may grant an ex officio ruling on mediation insofar as it does not contradict the purpose of the request for mediation, taking into account the interests of both parties and all other relating circumstances.
  • mediation Failure Award
    If the case is improper or not eligible for mediation, the Commission shall grant the mediation failure award.

Procedures of Arbitration

Object of Claims

False news reports in broadcasting, newspapers, periodicals including magazines, news communication, Internet news, Internet news service and Internet multimedia broadcasting are subject to possible complaints to the Press Arbitration Commission.

False Reports

  • Reports that only contain the opinion of one side
  • Reports that present fiction as a fact
  • Reports that exaggerate the fact
  • Reports that emphasize a particular over the overall facts, with intent to create a biased view
  • Reports that imply a different intention by distorting the fact without the author's permission
  • Reports that falsely state the name of a person, a place, or statistical data
  • Reports that create suspicion of any crime against, or reported as a criminal, an individual who's found to be free from suspicion after an investigation
  • Reports that use a person's portrait, voice, privacy, or name without permission or for no fair reason

Statute of Limitations

The Statute of Limitations expires three months after the date when the aggrieved party came to be aware of the complained-of news report, etc., of six months after the news report, etc., appeared.

Petitioner for mediation and Arbitration

Not only an individual but also a general organization, private companies, and provincial governments can claim for damage from news reports, etc. If a proxy (if the applicant is underage, a person in parental authority) claims for mediation or arbitration, he or she has to submit documents to prove delegable authority or a letter of attorney.

How to Apply

Fill out the application form at the secretariat in person, or send it by email to counsel@pac.or.kr You can download the application form for mediation and arbitration in our PAC Website. (www.pac.or.kr)
Arrange for an interview with the secretariat and report orally.
Visit the 'PAC Eye-net' system for press mediation and arbitration(http://people.pac.or.kr) and fill out the electronic form.

Date and Place for mediation and Arbitration

The Commission will issue a summons that states the date and place of appointment for the PAC examination of the application within 14 days after the acceptance of the application.
The petitioner should appear in a competent arbitral tribunal on the state date. When the petitioner is absent twice, it is considered a withdrawal of the mediation application. When the press organization is absent twice, it is considered that both parties have arrived at an agreement to report on a required statement, etc.

Decision on Open Procedures to the Public

In general, all procedures will be processed privately. Only the arbitration commissioner, the case manager, the petitioner, press organization, etc., are allowed to attend the examination. When the hearing of references is needed, the commissioner can permit the attendance or hearing of a related party.

Oral Statement, Opinion Hearing, and Written Evidence

The objective of the examination is to grasp an argument arising from the dispute and to reach conclusions via fair mediation and arbitration. So, the active statement, the reference's opinion, and corroborative facts are the important source to PAC in making a fair judgment.
The petitioner, the interested party, and the reference can make statements in writing or orally during the examination. The petitioner can deliver a statement about his or her situation, circumstances related to the news report at issue, etc. In order to reach an amicable settlement, the arbitral tribunal can engage in fact-finding or evidentiary gathering.

Processing Cost

All the costs are free.
(However, if the person requests evidentiary gathering, the cost incurred can be charged.)

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