Press Arbitration Commission


Remedial Procedures for Damage

  • 홈
  • Remedial Procedures for Damage
  • Settlement of Mediation Claims

Remedial Procedures for Damage

프린트 폰트작게 폰트크게

Settlement of Mediation Claims

프린트 폰트작게 폰트크게
If both parties reach a mutual agreement, it has the same effect as a judicial mediation. If the press defaults on the agreement, the aggrieved party may initiate a lawsuit against the press organization, etc., to enforce the agreement.
Ex Officio Ruling on mediation
If both parties fail to reach an agreement throughout the mediation procedure, the Commission may grant an ex officio ruling on mediation to the extent that it is not contrary to the purpose of the request for mediation, taking into account the interests of both parties and all other circumstances.
The ex officio ruling on mediation should be made within 21 days from the application-filing date. If the petitioner or the press organization do not reject the ruling within 7 days after the authentic copy of that ruling is delivered to them, the ruling on mediation becomes effective as a judicial mediation. If either of the parties enters an appeal, the ruling is then not in effect, and it is considered the same as filing a lawsuit. After trial starts, the petitioner and the press organization, etc., are considered plaintiff and defendant, respectively.
Mediation Failure Award
If the petition is very inadequate or ineligible for mediation, the Commission shall grant the mediation failure award. In such case, the petitioner may file his or her case in court for a judicial process.
The Commission may dismiss the petition if the petitioner lacks proper interest in asserting his or her right to request for correction of a news report, etc., if the requested reply, etc., is found to be neither true nor accurate, or if the petitioner is found to have petitioned to the Commission for commercial purposes.
The Commission may reject when the petitioner files a case after the statute of limitation has expired.