Press Arbitration Commission

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프린트 폰트작게 폰트크게

Cases

프린트 폰트작게 폰트크게

case01

The report claiming that the music written by the petitioner is unprofessional and of low-quality is not true.

Case

2016 Seoul Arbitration 987?988
Requests for Correction of a news report and Compensation for injury

Petitioner

Bae OO

Respondent

Kyunghyang Shinmun

Arbitral Tribunal

Seoul Arbitral Tribunal 3

Date of Application

2016. 07. 06.

Results

Settlement by mediation (correction of the news report)

Case Summary

The respondent used the song written by the petitioner in their news article as an example of so called “music abusing” problem.
The petitioner sought mediation claiming that his/her song has nothing to do with music abusing and is not even very profitable. He/she requested correction of the news report as well as 1,000,000 won of compensation for injury.
After a trial, the arbitral tribunal tribunal judged that the expression that the song was “unprofessional and of low quality” was the reporter’s subjective opinion and the petitioner could be misleadingly viewed as an artist who makes profit by the method of music abusing in the article in question. The tribunal recommended that the respondent make a correction and the respondent accepted it. As a result, settlement was reached.

News Report in Question for Mediation

Internet Kyunghyang Shinmun - A news article titled Nasty Fake Songs - Waste of money, not Pleasant to Ears ( Entertainment section dated on June 16, 2016 )

Content of the article

A, an office worker, recently experienced something absurd. He/she searched “Frozen” from his favorite online music download store for his/her child. Then he/she mindlessly clicked on the song that appeared on the top of the search result list. However, despite his/her expectation, what was played was lounge music. He/she took a second look and realized that the song he selected had no relevance to the original soundtrack of the movie Frozen. The album jacket was different and the artist’s name was Punch Punch. The album contained three pieces of music called “Frozen Winter”, “Frozen Piano” and “Frozen Beat”, all of which were placed even higher on the download chart than the original sound track. All of the three songs were so sloppy and simple that they would be good for sample songs that are pre-recorded in electronic instruments. There are more cases that are similar to what A experienced. If you search Byul gudae (an abbreviation of Byulaeseo on gudae, which is a TV series ) on Melon, one of the popular online music distributors, and sort the result in order of relevance, you will find a song that has no association with the TV series on the top of the list. The title of the song might be “Byul Gudae”; however the design of the album jacket and the artist name would be totally different from the original soundtrack album. The song itself is just some lounge music where a simple code is repeated over and over. What would you find if you browse for “Moonlight” and sort the result by newest release date on another music download store called Bugs Music? The third from the top of the chart is a song titled Moonlight, written by an artist named


B. You would click on the song expecting Beethoven’s Moonlight Sonata. However, four measures of the first movement of the Moonlight Sonata would be repeated then the music would get mixed with other lounge music, as if the song is a joke. This is a fake music that borrowed the title of the famous music piece, the Moonlight Sonata. Many of such songs are distributed recently at major online music download stores. This is so called “music abusing” in a sense that unprofessional and low-quality music is continuously released with the same title as that of popular music or famous media content. As a result, these bogus songs top the chart when consumers search for a specific song. This phenomenon, which the music industry started to see two or three years ago, has recently been on the rise. The reason behind this abusing is that this method can earn easy profits. Once a user clicks on a song, fee is incurred for the music. The fee per song is not much, however, music industry insiders point out that some music providers employ a mass distribution strategy and provide numerous songs to make some millions of won of profit per month. These distributors come up with new clickbaits so that music consumers would click on the songs even by accident. Other than the fake songs mentioned above, one can find many clickbait songs that stole titles of famous movies such as Miss Granny, Begin Again, or The Avengers.


C, the head of the Bugs Music group, said, “Quite a large number of music providers intentionally release hundreds of songs a day online, however online music retailers cannot distinguish or filter out all of such fake music, song by song. As a result, the accumulated garbage songs are causing trouble for consumers.” “Increasing number of music providers are out for a chance for their songs to be clicked on when the users search songs. Sometimes original songs lose out to the fake songs on keyword search charts,” he explained. “The music industry shares a black list of such distributors but more and more clickbait songs are released online. Those songs may be awful to listen to, but they also are a kind of creative work and do not infringe on copyrights. So it is almost impossible to find ways to regulate them,” he added. The genres where many clickbait songs are created are new age, children’s song, Korean traditional music and classical music. Relatively fewer consumers listen to music in these genres, thus it is easier for fake songs to make it to the top of the search chart; “music abusing” works much better in these genres.


D, the secretary general of Korea Music Content Industry Association, emphasized, “An effective way to reduce consumer damages is to check artist’s name, title or design of the album jacket of the song you find on the top of the keyword search charts before clicking on it without thinking.”


Details of Settlement

Report

A.Headline : Correction of the news article headlined Nasty Fake Songs - Waste of money, not Pleasant to Ears
B.Body : In the news article headlined Nasty Fake Songs - Waste of Money, not Pleasant to Ears, which was published on the entertainment>pop music section of our homepage on June 16, 2016, we reported that the song Moonlight written by B was an example of “music abusing” where music providers steal titles of popular songs or famous media content to get people to click on their songs and earn easy profits. However, a factual investigation revealed that the Moonlight written by B and the artist had nothing to do with music abusing. The news article in question was written based on the information from Korea Music Content Industry Association and Bugs Music. After reviewing the validity of the information, we confirmed that the petitioner had never made profits by the means of music abusing. In addition, the expression that the Moonlight written by the petitioner was unprofessional and of low-quality was a subjective opinion of the reporter who wrote the article. We would like to express our sincere apology to the petitioner. This report is made as a result of mediation by the Press Arbitration Commission of Korea.
The respondent shall mark the headline of the news report under Article 1 in large brackets ([ ]) and publish it at the top of the list of articles that appear on the upper side of the initial page of the entertainment>pop music section of the Internet Kyunghyang Shinmun (http://khan.co.kr/). The report shall be published for 48 hours starting from 09:00 on August 18, 2018 and a click on the headline shall show the body of the report under Article 1. The report shall also be added at the end of the report in question for mediation. After the 48 hours, the correction shall be stored in news article database so that it can remain searchable in the future.
If the respondent fails to publish the correction as described in Article 1 and 2, it is deemed that the respondent has not carried out the settlement. If the respondent postpones fulfilling the obligations under Article it shall pay an amount for the number of days delayed from the day after the deadline stipulated in Article 2 until the day when the obligations are met at the daily rate of 1 million won.
The petitioner shall withdraw all other requests associated with the news article in question for mediation and shall not hold the respondent and its executives and employees responsible for any civil or criminal liability.

case01

The respondent, in its news report on the bankruptcy of a travel agency in Gangnam area, called the travel agency in question “Gangnam travel agency.” Other travel agency that has the same name suffered damage from this news report.

Case

2016 Seoul Arbitration 189·190
Requests for Correction of a news report and Compensation for injury

Petitioner

○○ Travel Agency

Respondent

YTN Corporation

Arbitral Tribunal

Seoul Arbitral Tribunal 3

Date of Application

2016. 02. 15.

Results

Settlement by mediation (PR and a follow-up report)

Case Summary

The respondent reported that a travel agency located in Gangnam went bankrupt and tens of newly wedded couples suffered damage as they could not get refund for their honeymoon planned through the travel agency.
The petitioner said that the respondent, in its news report about the travel agency located in Gangnam, used the name of his/her travel agency for the bankrupt travel agency, causing confusion to customers. He/she claimed his/her business suffered damage as confused customers canceled contracts and requested refunds, and sought mediation requesting correction to the news report and 60 million won of compensation for injury.
After a trial, the arbitral tribunal suggested that what was the most urgent was to stop the news report in question from spreading online. The respondent agreed to publish a follow-up news report that the petitioner’s travel agency has nothing to do with the bankrupt agency in a pop-up window on its homepage. Therefore settlement was reached.

News Report in Question for Mediation

YTN - A news report titled Gangnam Travel Agency in Seoul Went Bankrupt - Many Newly Wedded Couples Suffer Damage aired in the program called . (Aired on December 16, 2015)

Content of the news report

A travel agency that mostly sells honeymoon programs went bankrupt and did not provide refund to tens of newly wedded couples. So the police embarked on an investigation on this travel agency. Seoul Seocho Police Station said that a complaint against A, the representative of the travel agency in Gangnam, Seoul, was filed, and that they started an investigation on the case. The travel agency that marketed to customers through partnerships with wedding agencies went bankrupt on the 4th day of last month. Currently 60 newly wedded couples nationwide are confirmed to have suffered 150 million won of damages in total. The victims plan to file a complaint against the representative of the agency to the prosecution as well, following the complaint filed to the police.

Details of Settlement

Report

A . Headline : Notice Regarding the News Report on the Bankrupt Gangnam Travel Agency
B . Body : With reference to the news report titled Gangnam Travel Agency in Seoul Went Bankrupt - Many Newly Wedded Couples Suffer Damage, we’d like to announce that the travel agency reported to be bankrupt is located in Seocho-gu, Seoul and has nothing to do with ○○ travel agency Corporation that is located in Dongdaemun-gu, Seoul. This report is made as a result of mediation by the Press Arbitration Commission of Korea.

The respondent shall publish the news report under Article 1 for 24 hours from 09:00 on March 23, 2016 on the homepage of Internet YTN (http://www.ytn.co.kr). The headline and the body shall be in the same font size as that of the headline and body of usual news articles on the homepage of Internet YTN. The size of the pop-up window shall be 800x600. The headline and body under Article 1 shall also be published at the end of each of the news reports in question.

The respondent shall publish the news report under Article 1 at the end of the news articles that were out-linked to web portals such as NAVER, DAUM and NATE.
If the respondent does not make the follow-up report as in Article 1~3, it is deemed that the respondent did not fulfill its obligation under this settlement. If the respondent postpones carrying out its obligation under Article 2 and 3, it shall pay the petitioner amount for the period from the deadline till the day the obligation is fulfilled, calculated at the daily rate of 0.5 million won.
If the respondent carried out its obligation under Article 2~4, the petitioner shall withdraw all other requests associated with the news report in question for mediation and shall not hold the respondent and its executives and employees responsible for any civil or criminal liability.

case01

The petitioner was injured because of the respondent’s misleading depiction of his life in the countryside. Despite his original intention of moving to the countryside, he was depicted as if his only dream is to become a wealthy farmer and as if he is still overly concerned about his children’s education as to utilize online lectures from cities.

Case

2016 Daegu Arbitration 3·4
Requests for Correction of a news report and Compensation for injury

Petitioner

Kim, OO

Respondent

Kyongbook Ilbo

Arbitral Tribunal

Daegu Arbitral Tribunal

Date of Application

2016. 01. 12.

Results

Settlement by mediation (reply to the news report)

Case Summary

The respondent reported, in its news coverage on young farmers and people who settled down to the countryside, that the petitioner, who came to the countryside six years ago, was able to settle down with the help of neighborhoods in his village and that he aims to become a wealthy farmer. The news also reported that the petitioner had no concerns about the education for his children as they could take online lectures from famous private educational institutions in cities and English classes through video conference, utilizing a variety of educational programs offered by the scholarship committee in the region.
The petitioner claimed that he never had any direct interviews with the respondent and the news was published despite his request not to cover his story. The petitioner also said he has not settled down to the countryside to be a profitable farmer, and that he does not have plan to have his children take the online lectures from private educational institutes from cities. He claimed that he suffered damage because of the news article that misrepresented his opinions, and filed for mediation seeking compensation of 20 million won for the injury.
After a trial, the Arbitral Tribunal acknowledged that the article was written without explicit consent of the petitioner. However, the tribunal
suggested that the both parties agree on publishing reply to the news report in question, considering that the news article intended to report stories of successful farmers who settled down to the countryside. In addition, the petitioner wished to include more content about agricultural policies in the news article, and the tribunal judged that a news article written in the direction of the petitioner’s wish would makes the article more like a reply to the article in question for mediation. Reconciliation was reached when the respondent agreed to publish reply to the news article in question and to delete the article in question from its homepage. Therefore settlement was reached.

News Report in Question for Mediation

Kyongbook Ilbo - An article headlined I’ll learn how to grow apple and other specialty produce to be a wealthy farmer (Published in section 15 of the newspaper dated on November 13, 2015)

Content of the article

The joyful laughing sound never stops at the dinner table of △△ and □□ family. This new Mediterranean style house located in ☆☆-ri ◇◇-ri, Uiseong-gun, Gyeongsangbuk-do is the home of ○○ Kim and ◎◎ Kim. The couple is typical Daegu natives who went to school and had jobs in Daegu. However, they fell in love with Uiseong at the first sight when they visited here, the town to where ◎◎ was transferred first time for her job. Then they decided to relocate to this countryside for good. They started their life in the countryside in Uiseong-eup for two years and moved to ☆☆-ri ◇◇-ri village to become real farmers. Relocating to the countryside was not an easy decision for Kim ○○, who was born and raised in a city all his life. Farming was the biggest worry as he knew nothing about it. However, thanks to the kind help of his neighbors, he now looks like a well experienced farmer. He said, “I grow garlic, peppers, and beans. The income is not much, but I feel very comfortable because I can do what I want to do.” “Food is an indispensable element of our life and I’m proud that I am a farmer who provides food to people. The more time I spend farming, the more proud I feel,” he chuckled. Then he said that he now wanted to do something beyond dry-field farming and learn how to grow apple trees and other specialty produce to be a rich farmer. △This is your first time to live in the countryside. What was the hardest thing when you wanted to settle down here? The greatest hurdle in living in the countryside is to find a place to live. There maybe many empty houses in Kisol, but not many that you can actually live in if you seriously decide to move here. Kim OO, the head of the village, helped me finding a house, so we could easily handle the issues regarding the land and the house. He was very happy when he said that he could found a fixer-upper for his family to remodel and live in. ◇◇-ri is a typical countryside village with population of 120 people, or 70 families. Most of them are farmers who grow rice, garlic, peppers and apples. The entire village feels like a family as neighbors help each other as families do. As many as eight families with kids settled down to here from cities, which makes this village relatively young. Children’s laughter never stops here and the new farmers are eager to learn farming from the farmers who used to live here. △We heard that Uiseong is the best place for those who want to come to the countryside, is that true? It is true that this town is becoming a Mecca for people who want to relocate to the countryside. Uiseong is located at the center of Gyeongsangbuk-do area. The most attractive thing about this region is relatively cheaper land. In addition, the geography and climate here allow for growing a variety of produce. The local government here implements many agricultural policies and offers an array of training and education to the new farmers from cities. Moreover, the government also provides financial subsidies for agricultural businesses and housing so that those from cities can comfortably settle down here. Recipients of the subsidies are selected from those who are eligible through the government’s review process. The amount of the subsidies for starting an agricultural business is 300 million won. You can also borrow up to 50 million won for buying or building a house at interest rates as low as 2~2.7%. Thanks to these supports, Uiseong became a very popular destination for those who want to move to the countryside. 780 families, or 1,454 people, have moved here from 2011 to 2014. Only in the first half of this year, 244 families, or 395 people, relocated to Uiseong. △You still have young children, what about their education? The Kims have two daughters, △△and □□. They go to kindergarten here and are very happy about it. The couple said they wanted them to grow up healthy in the nature while they are still young but added that the kids need to get education to be competitive in our society. He said he wishes that the children are happy, not pressured with study like kids in cities, but he also said parents in Uiseong-gun have great interest in their children’s education as those in cities. Uiseong-gun Scholarship Committee, with the fund of 10 billion won, offers media space to middle and high schools in this region so that students can take online lectures from private institutes in Seoul, take online English classes, and watch EBS lectures every morning and afterschool hours. All students can take high-quality online lectures from cities using a 1-year voucher provided by Uiseong-gun Office. They also can take initiative in their learning by utilizing online educational content for each level and subject offered by EBS. The online English classes are provided through video conference with native English speakers in the Philippines. ○○ Kim said, in particular, he has no worries about the education because towns in the countryside have scholarship committees and offer free internet connection so that students can take lectures from popular private institutes in big cities like Seoul and Daegu. △What is your dream? “This is my sixth years to came to this town and started farming. I’m still learning from senior farmers in the town and growing garlic, peppers, and beans in my5,000m2-dryland. I don’t earn much money yet, but feel very comfortable because I can do what I want to do. Food is an indispensable element of our life and I’m proud that I am a farmer who provides food to people. The more time I spend farming, the more proud I feel,” ○○Kim said. He was ambitious about growing apples and other specialty produce and becoming a wealthy farmer. He said his small wish was that △△ and □□ grow up healthy and his family stays happy, looking further ahead into the future with generous hearts.

Details of Settlement

Report

A.Headline : [Notice] : Notice on the Kims who relocated to ☆☆-ri,Uiseong-gun
B.Body : We published our interview with Kim ○○ and Kim◎◎ couple, who left their job in Daegu to relocate to Uiseong-gun, in the article titled I’ll learn how to grow apple and other specialty produce to be a wealthy farmer on the 15th section of our newspaper dated on November 3. The purpose of the article was to share success stories of those who came to the countryside as a part of our campaign “Encouraging Farmers and Fishers.” During our interview, Kim○○ expressed his concern that sharing only hopeful stories and not letting the readers know about hardships of relocating to the countryside may cause a lot of problems. However, we thought the Kim family was the exemplary case of relocating to the countryside and decided to publish the interview. After the article was published, Kim ○○ said “I did not come to the countryside only to be a wealthy farmer. Many farmers are struggling due to recent price plunge of produce and price hike of agricultural materials. I want to provide my support to fix such fundamental problems of the farmers.” His wife Kim ◎◎, who is a teacher, said “I have no plan to raise my kids in a competitive environment as children in cities. I’d encourage them to build good character through quality public education, rather than forcing them to take all the private education.” We also would like to notify that the content related to educational environment of Uiseong-gun was from our interview with Uiseong-gun Scholarship Committe.
Method of publishing the reply: The respondent shall publish the reply to the report under Article 1 on the 9th or the 15th section of the Kyongbook Ilbo on January 9, 2016. The fonts used in the headline shall be of the same size as that of the subtitle (Kim ○○ and Kim ◎◎ couple in ☆☆-ri ◇◇-ri, Uiseong-gun) which takes up two columns.
The respondent shall delete the news article in question for mediation, which was published on internet Kyongbook Ilbo.
If the respondent revises the reply under Article 1 at their discretion and do not follow the method of publishing stipulated in Article 2, it would be deemed as failure to carrying out the obligation for the settlement. If fulfillment of the obligation under Article 1 and 2 is delayed, the respondent shall pay the petitioner the amount for the number of days delayed from the day after the deadline until the day when the obligations are fulfilled at the daily rate of 1 million won.
The petitioner shall not hold the respondent and its executives and employees responsible for any civil or criminal liability if the respondent carries out the obligation under Article 1 and 2.

case01

The petitioner was injured by the respondent’s news report claiming that it was immoral for the petitioner to write an article using an actor’s tweets without having his/her consent.

Case

2015 Seoul Mediation 3438·3439 and 3440
Request for Correction of a news report·Reply to a news report·Compensation for injury

Petitioner

SocialNews Co., Ltd.

Respondent

Herald Co., Ltd. (Internet Herald Biz)

Arbitral Tribunal

Seoul Arbitral Tribunal 8

Date of Application

2015. 08. 27.

Results

Settlement by Mediation (Correction of a news report and Reply to a news report)

Case Summary

The respondent reported in the article in question for mediation that Wikitree used an actor’s social media comments about other actors without his acquiring a prior consent for its news article. The respondent wrote that Wikitree clarified that it just used Twitter’s embedding feature when the actor made an issue out of it and that such Wikitree’s explanation was not true.
The petitioner, who publishes Wikitree news, said that the content of embedded tweets stay even if an original author deletes the tweet and that the posted texts can be used free of charge without acquiring consent in accordance with Twitter’s current terms of service. The petitioner claimed that its reputation was deeply damaged because of the false report and filed for mediation requesting correction of and reply to a news report and 100,000,000 won of compensation for the injury.
After a hearing, the arbitral tribunal concluded that the respondent’s report about Twitter’s embedding feature and terms of service was not true. Settlement was reached between both parties by having the respondent publish the correction of and reply to a news report in question.

News Report in Question for Mediation

Internet Herald Business - A news article titled Actor Kim OO Gets Furious at the Article Written Out of His Comments on Other Actors - What’s Going On? (published in the entertainment and sports section on August 20, 2015)

Content of the article

Kim and Wikitree are having a battle over Wikitree's news article written using Kim’s comments on other actors and actresses. Kim tweeted using his account (@l○○○○○○○○) about his personal thoughts on actors and actress whom he met with for filming movies including Jeongjae Lee, Jihyun Jeon, Hyaesu Kim and Haejin Yoo. Then Wikitree, a social media news outlet, immediately made his comments into an article titled Rumors about Actors and Actress that Kim OO Revealed on His Twitter. The article came to spotlight as it was linked to more than 800,000 posts in Facebook and tweeted more than 300,000 times.

(Omitted)

When the controversy erupted online, Wikitree explained that “In principle, you don’t need to ask for a prior approval from an original author when you embed a tweet,” saying that there was no problem because they used the embedding feature of Twitter. It went on to argue that “Kim OO is well known to the public because he appeared in many movies, so we don't think using his tweets that anyone can read is not much of a big deal. Moreover, the content of his tweets was worth being reported in print.”

However Kim refuted that only his followers can have access to his tweets therefore it was hard to think that they were disclosed to everybody. The prevailing view is that when an original author asks the one who quoted his/her tweets to delete the tweets, it is morally right for the person who quoted the tweets to accept the request. Some even pointed out that Wikitree’s explanation that it used Twitter’s embedding feature was false. If a tweet is embedded, the embedded tweet should be deleted when the original tweet is removed but the tweets Wikitree embedded remained even after Kim deleted his tweets. Wikitree ended up deleting the article when the online criticism did not die down.

Details of Settlement

News Report

A.Headline : Correction of and Reply to the Article about Wikitree’s News Article Using Actor Kim OO’s Tweets
B.Body : The Herald Business reported in its article titled Actor Kim OO Gets Furious at the Article Written Out of His Comments on other Actors - what’s going on?, published on its Internet homepage on August 19, that Wikitree’s expla- nation that it used Twitter’s embedding feature was not true because the tweets in question remained even after Kim deleted them. We also reported that Wikitree deleted the article a little too late.
However, a factual investigation revealed that Twitter’s embedding feature lets a user to preserve the texts of the embedded tweet even when the original tweet is deleted and that Wikitree did not delete the article.
Wikitree said that the current terms of service of Twitter read “By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, repro- duce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods.” This report is made as a result of mediation by the Press Arbi- tration Commission of Korea.

By June 29, 2015, the respondent shall;

The respondent shall post the news report under Clause 1 on the online homepage of the Herald Business (http://biz.heraldcorp.com) with the headline in large brackets ([ ]) in the entertainment and sports section for 24 hours during the period until 18:00 on September 11, 2015. When a reader clicks on the headline, the body of the report under Clause 1 shall be displayed. After posting the article for 24 hours, it shall be archived in a database to remain searchable.
After posting the news report under Clause 1, the respondent shall send it out to all web companies that are in contractual relationship with the respondent so that the news report can be searched through their web portals.
If the respondent fulfills the above obligation, the petitioner shall withdraw other requests associated with the report in question for mediation and shall not hold the respondent and its executives and employees responsible for any civil or criminal liability.

case01

An editorial cartoon where Claim Adjusters are depicted as involved in insurance frauds for illegal commission is not true.

Case

2015 Seoul Mediation 2971 and 2015 Seoul Mediation 2972
Request for Correction of a news report

Petitioner

Korea Insurance Claim Adjusters Association

Respondent

Korean Bar Association (the KBA News and the Internet KBA News)

Arbitral Tribunal

Seoul Arbitral Tribunal 4

Date of Application

2015. 06. 02.

Results

Settlement by Mediation (Reply to a news report)

Case Summary

The respondent likened claim adjusters to flies in the editorial cartoon in question for mediation, describing them as involved in insurance frauds for illegal commissions.
The petitioner filed for mediation seeking the correction of a news report, claiming that published editorial cartoon that compare all claim adjusters to flies and portray as if all of them are involved in insurance frauds for illegal commissions harms reputation of claim adjusters.
After a hearing, the arbitral tribunal concluded that the editorial cartoon in question could be perceived as degrading all claim adjusters even though the intention was to create a satire cartoon about a few corrupted claim adjusters. The arbitral tribunal suggested both parties reach a settlement for reply to a news report, not correction of a news report, on the ground that editorial cartoons can be deemed as expression of the respondent’s opinion. Settlement was reached when the petitioner accepted the relevant suggestion.

News Report in Question for Mediation

The Korean Bar Association News ㅡ the editorial cartoon titled Uninvited Guests - Uninvted guests, Claim Adjusters (published on the third page of the Korean Bar Association News and in the editorial cartoons section of the Internet Korean Bar Association News on May 11, 2015)

* Uninvited Guests - Claim Adjusters, Insurance Frauds, Illegal Commissions

Details of Settlement

News Report

A.Headline : Reply to the Cartoon Titled Uninvited Guests - Claim Adjusters
B.Body : We reported in our editorial cartoon published on May 11, 2105, as if all claim adjust- ers were involved in insurance frauds and illegal commission cases by likening claim adjusters to flies. With regard to our cartoon, Korean Insur- ance Claim Adjusters Association claimed that “most claim adjusters have been striving to prevent insurance frauds while doing their job although some might have been involved in such fraud cases.” This report is made as a result of mediation by the Press Arbitration Commission of Korea.

By June 29, 2015, the respondent shall;

A. Publish the report under Clause 1 on the 3rd page of the Korean Bar Association News. The headline and the body of the report shall be of the same font and the same font size as those used in the article of Private Information Protec- tion is the Most Important Factor in Recent Risk Analysis Trend (sub-title: Academy for Young legal professionals who want to enter overseas market…).
B.The respondent shall (1) publish the report on the initial page of the Internet KBA News (http://news.koreanbar.or.kr) website run by the respondent. The report shall be posted within the five articles from the top (the ranking can be lowered as more news gets updated) for more than 48 hours. The title and the body of the report shall be of the same font and the same font size as those of the report in question for mediation. (2) The report shall appear right below the report in question for mediation when readers search the original news report. The title and the body of the report shall be of the same font and the same font size as those of the report in question for mediation.
In the event that the fulfillment of obligation described under Clause 2 is delayed, after the relevant deadline, the respondent shall pay the petitioner the amount of 500,000 won daily until the fulfillment is actually made.
The petitioner shall withdraw all other requests against the respondent.
The petitioner shall not hold the respondent and its executives and employees responsible for any civil and criminal liability with regard to the report in question for mediation.

case01

The petitioner's e-cigarette trademark was exposed in a news report covering explosion incidents of low-priced Chinese e-cigarettes, which damaged the petitioner’s business.

Case

2015 Seoul Mediation 2883·2884
Request for Correction of a news report and Compensation for injury

Petitioner

OO Korea Co., Ltd. and one person

Respondent

JTBC Co., Ltd. (JTBC)

Arbitral Tribunal

Seoul Arbitral Tribunal 3

Date of Application

2015. 05. 07.

Results

Settlement by mediation (Correction of a news report)

Case Summary

In the news report about a series of low-priced Chinese e-cigarette explosions, the respondent exposed the petitioner’s trademark by not pixelating only the petitioner product’s trademark in the supporting footage.
The petitioner claims that its products have nothing to do with the explosion incidents because the petitioner’s e-cigarettes are equipped with dual circuit protection unlike the cheap Chinese products covered in the news story. The petitioner said that concerns were raised about the safety of its products and revenue has plummeted because the respondent aired the footage that exposed the trademark. The petitioner filed for mediation requesting 50,000,000 won of compensation for the damage.
After a hearing, the arbitral tribunal recommended that the two parties agree on a settlement by having the respondent make correction of a news report on the ground that the respondent admitted that it made a mistake in the process of making the news report and was eager to relieve the damage. The settlement was reached as the respondent aired correction of a news report that the petitioner’s products were not relevant to the Chinese e-cigarettes and apologized for its mistake.

News Report in Question for Mediation

JTBC News < Morning& > ㅡ A news report with a headline Low-Priced E-Cigarette Recharge Tests - Cigarettes Exploded In just 8 Minutes (aired in the current issue section on April 23, 2015 )

Content of the News Report

Anchor A series of explosions of cheap Chinese e-cigarettes are being reported. Many of the exploded cigarettes were not equipped with safety devices to prevent explosion or ignition, or the safety devices were defective. Jung OO has more.
Reporter When the female clerk tries to give the customer change back, the e-cigarette that was being charged catches on fire and explodes.
Reporter In the U.S., an e-cigarette that is being charged on the table in a factory also explodes all of a sudden.
Reporter In Korea, similar incidents happened in Gyeongsan, Gyeongsangbuk-do and Yangpyeong, Gyeonggi-do respectively in January. The exploded e-cigarettes were all low-priced products from China (petiti- oner product’s trademark is exposed).

Details of Settlement by Mediation

A news report script

A.Headline : Correction of a News Report on the Low-Priced E-Cigarette Explosions
B.Body : While reporting the news report titled Low-Priced E-Cigarette Recharge Tests - Ciga- rettes Exploded In just 8 Minutes on April 23, we aired images of OO Korea’s e-cigarette called OO without pixelation. We’d like to make a cor- rection because OO Korea’s e-cigarettes appeared in the news are equipped with dual circuit protection therefore have no relationship with defected Chinese products. We apologize for the damage incurred to OO Korea Co., Ltd. due to the news report. This report is made as a result of mediation by the Press Arbitration Com mission of Korea.
The respondent shall have the anchor of JTBC News < Morning& > read the script under Clause 1 at the end of the program by May 22, 2015. The anchor shall read the script at a speed not faster than his/her normal speed. While the anchor reads the script, the headline shall be indicated in captions on the bottom of the screen and the footage in question for mediation shall be aired.
If the respondent fails to make correction of a report as set forth in Clause 1 and 2, it is deemed that the respondent did not fulfill its obligation under the settlement agreement. In the event that the fulfillment of obligation described under Clause 2 is delayed, after the relevant deadline, the respondent shall pay the petitioner the amount of 500,000 won daily until the fulfillment is actually made.
If the respondent carries out its obligation under Clause 1 and 2, the petitioner shall withdraw all other requests associated with the news report in question for the mediation and shall not hold the respondent and its executives and employees responsible for any civil or criminal liability.
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