ACT
ACT
(1) The freedom and independence of the press shall be guaranteed.
(2) No person shall regulate on or interfere with the freedom and independence of the press.
(3) The press shall have any right to have free access to information sources and any freedom to publish gathered materials.
(4) Such freedom and right as referred to in paragraphs (1) through (3) shall not be restricted, except as provided for by the Constitution and Acts.
(1) News reports shall be impartial and objective and ensure the protection and expansion of citizens' rights to know and their freedom of speech.
(2) The press shall respect human dignity and worth and shall neither defame other persons nor violate their rights, public morals, or social ethics.
(3) The press shall advocate the public interest in the public concern and perform its public duties for the purpose of contributing to the formation of democratic public opinion by news gathering, reporting, comments or other means.
(1) The press, Internet news service, and Internet multimedia broadcasting (hereinafter referred to as "press, etc.,") shall not infringe the rights of other persons' life, liberty, body, health, reputation, privacy, portrait, name, voice, dialogue, works, personal documents, any other personal worth, etc., (hereinafter referred to as "personal rights"), and, in cases where the press, etc., have violated any other person's personal rights, such damage shall be remedied promptly in accordance with the procedures prescribed by this Act.
(2) If any personal right is violated in the extent that such a violation is not contrary to the general rules of law and the violation falls under any of the following subparagraph, no legal liability shall attach to the press, etc., regarding such news report as long as no specific legal regulations exist otherwise.
(1) The deceased shall be included in other persons under Article 5 (1).
(2) In cases where the personal rights of a deceased person have been violated or are likely to be violated, such remedy proceedings shall be implemented by surviving family members.
(3) The surviving family under paragraph (2) should be confined to a spouse and lineal descendants of a deceased person, if no specific provisions exist to the contrary in other Acts and statutes. If a deceased person has neither a spouse nor a lineal descendant, a lineal ascendant shall be the surviving family, or if he/she has no living lineal ascendants, his/her brother and sister shall be the surviving family. In cases where two or more surviving family members of the same status exist, each member shall exercise the right to request on their own.
(4) With regard to agreement on the infringement of a deceased person's personal rights, the unanimous agreement by all surviving family members of the same rank under paragraph (3) shall be made available.
(5) Where no specific provisions exist to the contrary in other Acts, no remedial procedures under paragraph (2) shall be implemented, when 30 years have passed after death. [This Article Newly Inserted by Act No. 9425, Feb.6, 2009]
(1) Each broadcasting business operator who conducts general programming or specialized programming on reports, each business operator publishing periodicals who issues a general daily newspaper (meaning a general daily newspaper provided for in subparagraph 2 (a) of Article 2 of the Act on the Promotion of Newspapers, etc., or each news communications business operator shall, in his/her company, have an ombudsman to autonomously prevent and remedy any damage caused by the press.
(2) The authority and duties of an ombudsman shall be as follows:
(3) A press organization provided for in paragraph (1) shall guarantee autonomous activities of an ombudsman belonging thereto and make every effort to accept recommendations of the ombudsman unless any justifiable ground exists to the contrary.
(4) A press organization provided for in paragraph (1) shall establish matters concerning the qualification, position, status, term of office, and remuneration of an ombudsman belonging thereto after hearing opinions of news gathering, editing or producing personnel and publish such matters. The same shall apply to any modification of such matters.
(5) A press organization provided for in paragraph (1) shall annually publish the status of activities of an ombudsman belonging thereto after hearing his/her opinions.
(1) A Press Arbitration Commission (hereinafter referred to as the "Arbitration Commission") shall be established to settle disputes arising from the report or news reposting on Internet news service, etc., (hereinafter referred to as "news report, etc.,") by mediation or arbitration as well as to deliberate on violations caused thereby.
(2) The Arbitration: Commission shall deliberate on the following:
(3) The Arbitration Commission shall be composed of not less than 40 nor more than 90 arbitration commissioners, who shall be commissioned by the Minister of Culture, Sports and Tourism from among those persons who fall under any of the followings. In such cases, commissioners who fall under the followings 1 through 3 shall be equivalent to 1/5 or more of the prescribed number of arbitration commissioners:
(4) The Arbitration Commission shall have one Chairperson, two or less vice chairpersons and two or less auditors, who shall be elected from among the arbitration commissioners, respectively.
(5) The Chairman, vice chairmen, auditors, and arbitration commissioners shall hold office for a term of three years, respectively and may be commissioned consecutively for a further term.
(6) The Chairman shall represent the Arbitration Commission when required and exercise general supervision and control over its affairs.
(7) A vice chairman or vice chairmen shall assist the Chairman in the performance of his/her duties and act on his/ her behalf as provided for by the rules of the Arbitration Commission if he/she is unable to perform his/her duties for any unavoidable reason.
(8) An auditor or auditors shall inspect and audit the affairs and accounts of the Arbitration Commission.
(9) A majority of all incumbent arbitration commissioners shall constitute a quorum at meetings of the Arbitration Commission and decisions shall be made at meetings by a simple majority of the arbitration commissioners present.
(10) Arbitration commissioners shall serve without remuneration: Provided, That allowances and other expenses may be paid to them as provided for by Presidential Decree.
(11) Matters necessary for the composition, organization and operation of the Arbitration Commission shall be provided for by the rules of the Arbitration Commission.
(1) Each arbitration commissioner shall independently perform his/her duties in accordance with the law and his/her conscience, and shall not be subject to any direction or interference in connection with such duties.
(2) Any person who falls under any of the following subparagraphs shall be ineligible as an arbitration commissioner:
(3) If an arbitration commissioner falls under any subparagraph of paragraph (2), he/she shall, ipso facto, be dismissed from office.
(1) Arbitration shall be conducted by an arbitral tribunal comprised of five or less arbitration commissioners, and the head of that arbitral tribunal shall be nominated by the Chairperson of the Arbitration Commission from among those arbitration commissioners who are judges or attorneys-at-law.
(2) A majority of the members of an arbitral tribunal, including its head, shall constitute a quorum and its decisions shall be made by a simple majority of the members present.
(1) If an arbitration commissioner falls under any of the following subparagraphs, he/she shall not perform his/ her duties:
(2) If the exclusion of an arbitration commissioner taking charge of a relevant case is due to himself/herself, an arbitral tribunal to which he/she belongs shall, either on its own initiative or at the request of a party to the relevant case, decide such exclusion.
(3) If there exists any ground for which it would be difficult to expect an arbitration commissioner taking charge of the relevant case to perform his/her duties impartially, a party to that case may make an application to an arbitral tribunal to which the arbitration commissioner belongs to challenge the arbitration commissioner.
(4) A decision on whether to make an application for challenge resides in an arbitral tribunal named by a chairperson of the Arbitration Commission, and the challenged arbitration commissioner and neither party shall raise any objections to the decision.
(5) An arbitration commissioner shall refrain from the performance of duties related to the relevant case, if he/ she falls under paragraph (1) or (3). In such cases, no leave from an arbitration tribunal shall be required.
(6) If an application for the challenge is made under paragraph (3), an arbitral tribunal to which the challenged arbitration commissioner belongs shall suspend the mediation or arbitration proceedings until a decision on such application is made.
(7) The provisions of paragraphs (1) through (6) shall apply mutatis mutandis to the staff engaged in the mediation or arbitration proceedings.
(8) In cases where a vacancy for an arbitration commissioner occurs in an arbitral tribunal due to exclusion, evasion or refrainment, the Chairperson of the Arbitration Commission shall supplement the relevant arbitral tribunal by naming an arbitration commissioner.
(1) A secretariat shall be established under the Arbitration Commission to assist the Arbitration Commission in performing its duties as well as to carry out investigations, research, etc., on damage remedy systems. [Amended by Act. No. 10587, Apr.14, 2011]
(2) There shall be one secretary-general in the Secretariat, and who shall be appointed by the Chairperson with the consent of the Arbitration Commission and hold office for a term of three years. [Amended by Act No. 10587, Apr. 14, 2011]
(3) Deleted.
(4) The organization, operation, and remuneration of staff of the secretariat and other necessary matters shall be provided for by the rules of the Arbitration Commission. [Amended by Act No.10587, Apr. 14, 2011]
(1) A person who suffers any damage due to the falsity of a news report, etc., on a factual allegation (hereinafter referred to as "aggrieved party") may, within three months after that the relevant news report, etc., comes to his/her knowledge, require the relevant press organization, Internet news service business operator, and Internet multimedia broadcasting business operator (hereinafter referred to as "press organization, etc.,") to correct the news report of the contents of that news report: Provided, That this shall not apply in any case in which six months have elapsed since such report, etc.
(2) A request for correction of a news report under paragraph (1) shall be made, irrespective of any intention, negligence or illegality of the relevant press organization, etc.
(3) The head of the State, a local government or any other institution or organization may, on its behalf, require the relevant press organization to correct the news report of the contents of any untrue news report, if any, related to its duties.
(4) If an institution or organization which cannot be a party under the Civil Procedure Act is formed as one life unit and has any direct interest in the contents of any untrue news report, its representative may require the relevant press organization to correct the news report of those contents.
(1) A request for correction of a news report shall be required of the representative of the relevant press organization, etc., and a written request for issuance of a corrected news report shall include the name, address, telephone number and other contact details of the aggrieved party, the contents of the news report, etc., subject to correction, the reasons therefor, and the corrected written statement: Provided, That in cases where the details of news report, etc., of Internet newspapers and Internet news services are being reported or intermediated through the relevant Internet web site in a consistent manner, the correction of such details may be requested at the same time.
(2) The representative of a press organization, etc., upon receipt of a request under paragraph (1), shall notify the claimant of whether or not to accept that request within three days after such receipt. In this case, when the contents of the original news report, etc., subject to such correction are made in the course of broadcasting reports or Internet newspapers, Internet news services and Internet multimedia broadcasting, the said press organization, etc., may not, unless it proves the nonexistence of that original news report, deny the existence thereof.
(3) If a press organization, etc., accept a request under paragraph (1), the representative shall consult with the aggrieved party or his/her agent on the contents, prominence, etc., of such corrected statement, and without delay broadcast or carry the corrected written statement (including a correction of details of the relevant news report, etc., under the proviso to paragraph (1) in cases of Internet newspapers and Internet news services) within seven days after the receipt of such request: Provided, That in cases of periodicals, including newspapers and magazines, when there are any unavoidable reasons such as the completion of editing and producing the current issues of periodicals, corrected statements shall be reported in their next issues.
(4) In any case falling under any of the following subparagraphs, the relevant press organization, etc., may refuse a request for issuance of correction of a news report:
(5) Correction of a news report made by the relevant press organization, etc., shall include a factual representation of corrected contents of the original report, a title representative of the contents of that representation, and an explanation or elucidation necessary to communicate that representation to the fullest extent, but illegal contents shall be excluded.
(6) Correction of a news report by the relevant press organization, etc., shall be made in a manner that may cause the same effect as the original report in the same channel, page or site in which the original report was made, in order to form impartial public opinion, and a written correction of a news report of broadcasting shall be readable together with superimposed captions (excluding radio broadcasts) at an ordinary speed.
(7) Broadcasting business operators, newspaper business operators, business operators publishing periodicals including magazines, and news communications business operators shall preserve the originals or reproductions of published broadcast reports (excluding re-transmission) and broadcast programs, newspapers, as well as periodicals, including newspapers and magazines, news communications, for six months after such publication.
(8) Internet newspaper business operators and Internet news service business operators shall, as prescribed by Presidential Decree, preserve the originals or reproductions of reports of Internet newspapers and Internet news services, and the electronic records on the arrangement of such reports for six months after their report.
(1) A person who sustains any damage due to a news report, etc., on a factual allegation may require the relevant press organization, etc., to reply to a news report of the contents of that news report.
(2) A request for reply to a news report under paragraph (1) shall be made, irrespective of any intention, negligence or illegality of the relevant press organization, etc., and whether or not the contents of the original report by that press organization, etc., are true.
(3) Except as otherwise provided in other Acts, the provisions of this Act concerning correction of news reports shall apply mutatis mutandis to a request for reply to news reports.
(1) A person who is reported or announced by the press, etc., to be a suspected offender or to suffer a criminal punishment may, if the criminal procedure with respect to him/her is terminated by the final and conclusive judgment of acquittal or on equal terms therewith, require the relevant press organization, etc., to make a follow-up report on that fact within three months after that fact comes to his/her knowledge.
(2) A follow-up report under paragraph (1) shall include an explanation or elucidation necessary for the restoration of damaged reputation or rights of the relevant claimant.
(3) Except as provided in paragraphs (1) and (2), the provisions of this Act concerning rights to require relevant press organization to correct a news report shall apply mutatis mutandis to rights to require that organization to make a follow-up report.
(4) A Right to require relevant press organization to make a follow-up report shall not affect the exercise of a right to require that organization to correct news reports or reply to news reports under this Act except special grounds exist to the contrary.
(1) In case where an Internet news service business operator has received a request for correction of a news report under Article 14 (1), a request for reply to a news report under Article 16 (1), or a request to make a follow-up report under Article 17 (1) (hereinafter referred to as "request for correction of a news report, etc.,"), it shall, without delay, manifest that there exists a request for issuance corrected statement, etc., regarding the relevant news report, and notify the press organization, etc., that provided the relevant article (hereinafter referred to as "article-providing press organization") of such details of request.
(2) In case where an article-providing press organization has been notified that a request for correction of a news report, etc., exist under paragraph (1), the article-providing press organization shall be deemed to have received the same request.
(3) In case where an article-providing press organization notifies an claimant as to whether to accept the request under Article 15 (2) (including cases where the provisions of Articles 16 (3) and 17 (3) shall be applied mutatis mutandis,), it shall also inform an Internet news service business operator that has intermediated the relevant news report of that fact. [This Article Newly Inserted by Act No. 9425, Feb. 6, 2009]
(1) If any dispute arises from or related to a request for correction of a news report, etc., under this Act, the aggrieved party or the relevant press organization, etc., may make an application to the Arbitration Commission for submission of that dispute to mediation.
(2) The aggrieved party may, within a period of time referred to in Article 14 (1), make an application to the Arbitration Commission for the submission of compensation for injury caused by news report, etc., to mediation. In this case, the amount of such compensation shall be specified.
(3) A request for correction of a news report, etc., and an application for submission of compensation for injury to mediation shall be made in writing or orally, or by any other means such as electronic documents, as provided for by Presidential Decree, within a period of time referred to in Article 14 (1) (including any case in which it shall apply mutatis mutandis under Article 16 (3)) or Article 17 (1), and shall be made within 14 days after the date on which agreement between the aggrieved party and the relevant press organization, etc., ends in failure.
(4) An claimant who intends to make orally an application for submission to mediation under paragraph (3) shall present a statement of the details of such application, a document containing the contents of the news report against which he/she raises an objection, and a corrected written statement, etc., which requires the relevant press organization to correct a news report to a competent staff member of an arbitral office, who shall prepare a record of such application including those details, have the claimant confirm the record, and sign or seal it with him/her.
(5) The Arbitration Commission may collect a fee for an application for submission to mediation as provided by the rules of the Arbitration Commission.
(6) The claimant may, while the mediation is pending, change his/her request from correction of a news report, etc., to compensation for injury, or vice versa, require both of them concurrently, and modify other facts supporting his/her application.
(1) mediation shall fall under the jurisdiction of the competent arbitral tribunal. If many arbitral tribunals have jurisdiction over one district, the Chairperson of the Arbitration Commission shall designate the competent arbitral tribunal.
(2) mediation shall be completed within fourteen days after receipt of an application for submission thereto, and the head of the competent arbitral tribunal shall, upon such receipt, determine the date for mediation without delay and require the parties to appear in person on that date.
(3) If the claimant who is required to appear in person under paragraph (2) fails to do so twice, it shall be deemed that he/she withdraws his/her application for submission to mediation, and if the relevant press organization, etc., fails to present itself twice, it shall be deemed that it agrees to correct a news report, etc., according to the facts supporting such application.
(4) If a person who is required to appear in person under paragraph (2) fails to do so due to any natural disaster or for other justifiable reasons, he/she may, within three days after those reasons cease to exist, explain himself/ herself to the competent arbitral tribunal and make an application to continue the relevant mediation. The competent arbitral tribunal shall dismiss such application if deemed that such application is ill-founded and shall redetermine the date for mediation and continue the mediation if deemed that such application is well-founded.
(5) A competent arbitration commissioner may, on the date for mediation, give the parties an explanation of or advisory opinion concerning de facto and de jure relationships with respect to any dispute submitted to mediation, present a compromise to them, and recommend them to reach an agreement.
(6) If a person who is not an attorney-at-law intends to be an agent of the claimant or respondent, he/she shall, in advance, obtain the permission of the competent arbitral tribunal.
(7) The claimant's spouse, lineal blood relative, brother, sister, or employee may be an agent of the claimant without obtaining the permission of the competent arbitral tribunal referred to in paragraph (6) unless the claimant expresses his/her intention to the contrary clearly, and in this case, the agent shall, in writing, verify a status relationship and authorization relationship to the claimant, who shall attend the competent arbitral tribunal to certify that he/she appoints his/her agent.
(8) No mediation shall be made public in principle, but it may be made public as provided by the rules of the Arbitration Commission if deemed necessary to hear the statements of relevant persons, etc.
(9) Except as provided in this Act, the provisions of the Judicial mediation of Civil Disputes Act shall apply mutatis mutandis to mediation.
(10) The procedure for mediation, the method of composition and jurisdiction of an arbitral tribunals, the method of and procedure for oral applications, and other necessary matters shall be provided for by the rules of the Arbitration Commission.
(1) The competent arbitral tribunal may, if deemed necessary for deliberation on any dispute concerning a request for correction of a news report, etc., or compensation for injury which is submitted to mediation, take evidence or order both parties to produce the published reports causing that dispute and other relevant materials.
(2) The provisions of Chapter 3 of Part 2 of the Civil Procedure Act shall apply mutatis mutandis to the taking of evidence under paragraph (1) of this Article unless contrary to the nature of mediation, and the competent arbitral tribunal may, if necessary, have an arbitration commissioner belonging thereto or staff member of the Secretariat collect and report evidential materials and order him/her to present a statement thereof on the date for mediation.
(3) The head of the competent arbitral tribunal may, if necessary for expeditious mediation, order relevant materials to be produced under paragraph (1) or other evidential materials to be collected and reported under paragraph (2) even before the first date for mediation.
(4) The competent arbitral tribunal may have one or both of the parties pay expenses necessary for taking evidence, and the provisions of the Costs of Civil Procedure Act shall apply mutatis mutandis to those expenses. In this ruling case, "court", "judge", and "court clerk" referred to in the Costs of Civil Procedure Act shall be deemed "arbitral tribunal", "arbitration commissioner" and "staff member of the Arbitration Commission", respectively.
(1) The competent arbitral tribunal shall reject an application for submission to mediation if it is not made lawfully.
(2) The competent arbitral tribunal may dismiss an application for submission to mediation if it is manifest that the allegation of the applicant is ill-founded.
(3) The competent arbitral tribunal shall, if it deems that there exists any substantial reason for discontinuing the mediation, such as the inability of the parties to reach an agreement, terminate the mediation and make a decision on the failure thereof.
(1) If the parties fail to reach an agreement (including any case treated as agreement under Article 19 (3)), or it is deemed that an allegation of the claimant is well-founded, the competent arbitral tribunal may, ex officio, make a ruling in lieu of the mediation (hereinafter referred to as "ex officio ruling on mediation") unless contrary to the facts supporting the application for submission to mediation, taking into account the interests of the parties and all other circumstances. In this case, the said ruling shall be made by not later than 21 days after receipt of such application for mediation, notwithstanding the provisions of Article 19 (2).
(2) An ex officio ruling on mediation shall include the disposition and reasoning and shall be signed and sealed by all the arbitration commissioners participating in that ruling, and the original transcript thereof shall, without delay, be delivered to the parties.
(3) Any person who is dissatisfied with an ex officio ruling on mediation may raise an objection to the competent arbitral tribunal by clearly stating reasons in writing within seven days after the original transcript of that ruling is delivered to him/her. In such cases, that decision shall become ineffective.
(4) In case of an objection against an ex officio ruling on mediation under paragraph (3), legal proceedings under Article 26 (1) shall be deemed to be instituted at the time when that objection is raised, and the aggrieved party and the relevant press organization, etc., shall be the plaintiff and the defendant, respectively.
(1) In any cases in which the parties reached an agreement in the course of or as a result of mediation.
(2) In any cases in which a case treated as agreement under Article19 (3)
(3) In any cases in which an objection in not raised against an ex officio ruling on mediation under Article 22(1).
(1) Any dispute concerning a request for correction of a news report, etc., or compensation for injury may, at the request of both parties that agree to comply with a final and conclusive decision of the competent arbitral tribunal on that dispute, be submitted to arbitration.
(2) An application for the submission to arbitration under paragraph (1) may also be made while the mediation is pending. In this case, it shall be deemed that documents, assertions, or verification submitted during the proceedings of mediation has been submitted during the proceedings of arbitration.
(3) The provisions of this Act concerning mediation and Articles 34, 35, 39 and 41 through 45 of the Civil Procedure Act shall apply mutatis mutandis to the procedure of arbitration, unless contrary to its nature.
(1) The arbitral award shall have the same effect as the final and conclusive judgment of a court.
(2) The provisions of Article 36 of the Arbitration Act shall apply mutatis mutandis to dissatisfaction and revocation of arbitral awards.
(1) The aggrieved party may institute legal proceedings in respect of a request for correction of a news report, etc., before a court of competent jurisdiction.
(2) The aggrieved party may concurrently institute legal proceedings in respect of a request for correction of a news report, etc., and change them from one to another while pending.
(3) Legal proceedings referred to in paragraph (1) of this Article shall be instituted within a period of time referred to in Articles 14 (1) (including any case in which it shall apply mutatis mutandis under Article 16 (3)) or 17 (1). The aggrieved party may institute the said legal proceedings concurrently with an application for indirect compulsory performance referred to in Article 261 (1) of the Civil Execution Act, subject to the acceptance thereof.
(4) The provisions of paragraph (1) of this Article shall not affect the exercise of any right referred to in Article 764 of the Civil Act.
(5) The first instance in respect of a request for correction of a news report, etc., referred to in paragraph (1) shall fall under the jurisdiction of a panel of judges of the district court in the general legal venue of the defendant.
(6) A trial on a request for issuance for correction of a news report shall be conducted in accordance with the provisions concerning litigation procedure of the Civil Procedure Act, and a trial on the request for reply to a news report or a follow-up report shall be conducted in accordance with the provisions concerning the procedures for provisional disposition of the Civil Execution Act: Provided, That Articles 277 and 287 of the Civil Execution Act shall not apply.
(7) A court of competent jurisdiction may, if that request is well-founded, order the corrected news report, reply to a news report or a follow-up report to be broadcasted, published or announced in the manner provided for in Article 15 (3), (5) or (6) of this Act.
(8) Matters necessary for a trial on a request for correction of a news report, etc., shall be provided for by the rules of the Supreme Court.
(1) A judgment in respect of a request for correction of a news report, etc., shall be rendered within three months after receipt of that request.
(2) A court of competent jurisdiction shall, if it orders correction of a news report, reply to a news report or a follow-up report because an application for such request is well-founded, determine the contents, prominence, time, frequency, page, broadcast program, etc., of such correction of a news report, reply to a news report or a follow-up report to be broadcasted, carried or published.
(3) In determining the contents, etc., of the corrected news report, reply to a news report or a follow-up report under paragraph (2), a court of competent jurisdiction shall ensure that the damaged reputation or rights of the claimant may be restored to the maximum extent possible, taking into account the corrected news report, reply to a news report or a follow-up report in which the facts supporting his/her request are written.
(1) A Judgment to accept a request for correction of a news report etc., shall not be subject to objection except for appeal.
(2) If it becomes apparent that all or part of a request for correction of a news report, etc., should have been dismissed as a result of a hearing in the objection procedures under paragraph (1), any judgment to accept that request shall be revoked.
(3) In case of paragraph (2), it shall be declared that the contents of a judgment for revocation may be reported upon request of the relevant press organization, etc., if it has already reported on the corrected news report, a reply to a news report or a follow-up report, and it shall be ordered, upon such request of the relevant press organization, etc., that other party should pay that organization, etc., such expenses as are incurred in reporting such corrected news report, reply to a news report or a follow-up report which has already been made and are necessary for a report on the judgment for revocation and such ordinary fees for carrying or broadcasting as are deemed appropriate. In this case, the amount of such payments shall not exceed the fees for the relevant carrying or ordinary broadcast advertising costs.
(1) A person who suffers any property damage, the violation of personality rights, or any other emotional distress due to an illegal act of the press, etc., by intention or negligence, may claim damages against the press organization, etc.
(2) A court of competent jurisdiction shall, if it is deemed that there is any damage under paragraph (1), but it is difficult to quantify the specific amount of that damage, calculate such amount of damage as may be deemed equivalent thereto, taking into account the effect of statements of claim and defense and the results of the taking of evidence.
(3) An aggrieved party referred to in paragraph (1) may require press organization, etc., which have violated or clearly are likely to violate his/her personality rights, to suspend or prevent such violation.
(4) An aggrieved party referred to in paragraph (1) may, if he/ she so requires under paragraph (3), require the disposal of such things as are used for or made by violations, or other necessary measures.
(1) The Arbitration Commission may, if deemed necessary after deliberating on violations of national, social or personal legal interests by news reports, recommend the relevant press organization to correct such violations in writing.
(2) The Arbitration Commission shall establish and publish standards for making recommendations for correction.
(3) Recommendations for correction shall have only a recommendatory effect on the relevant press organization.
(4) The Arbitration Commission may publish the contents of recommendations for correction made to each relevant press organization.
(5) Any relevant press organization which is dissatisfied with any recommendation for correction may, within seven days after it is notified of such recommendation, make an application to the Arbitration Commission for rehearing.
(6) The relevant press organization may attend the rehearing procedures to present its case and submit relevant materials.
(7) The Arbitration Commission shall, if it deems that an application for rehearing is well-founded, revoke the relevant recommendations for correction.
(8) The methods of and procedures for recommendations for correction under paragraph (1) and other necessary matters shall be provided for by Presidential Decree.
(1) A person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding 30 million won:
(2) The fine for negligence under paragraph (1) shall be imposed and collected by the Minister of Culture, Sports and Tourism as prescribed by Presidential Decree.