CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to make the freedom of the press compatible with public responsibilities thereof, by establishing an effective remedial system, including conciliation or arbitration, to settle disputes, if any, concerning reputation or rights, or other legal interestsinfringed on through any press report or medium by any press organization, etc.
[This Article Wholly Amended by Act No. 10587, Apr. 14, 2011]
The terms used in this Act shall be defined as follows:
| 1. | The term "press" means any broadcasting, newspaper, periodical including any magazine, news communications or online newspaper; |
| 2. | The term "broadcasting" means any television broadcasting, radio broadcasting, data broadcasting or digital multimedia broadcasting defined in subparagraph 1 of Article 2 of the Broadcasting Act; |
| 3. | The term "broadcasting business operator" means any terrestrial broadcasting business operator, CATV broadcasting business operator, satellite broadcasting business operator or broadcasting channel use business operator defined in subparagraph 3 of Article 2 of the Broadcasting Act; |
| 12. | The term "press organization" means any broadcasting business operator, newspaper business operator, business operator publishing periodicals including magazines, news communications business operator, or online newspaper business operator; |
| 14. | The term "factual allegation" means any allegation concerning actual facts of which the existence or nonexistence is capable of being verified by evidence; |
| 15. | The term "press report" means any report on factual allegations of the press; |
| 16. | The term "report on a corrected statement" means any report communicated after correcting the original press report on the basis of truth if all or part thereof is untrue; |
| 17. | The term "report on a contradictory statement" means any report on a statement made, irrespective of whether or not the details of the original press report are true, in contradiction to such details; |
| 18. | The term "Internet news service" means any electronic publication that continues to provide or intermediate press articles via the Internet: Provided, That any online newspaper, Internet multimedia broadcasting or other electronic publications prescribed by Presidential Decree shall be excluded; |
| 19. | The term "Internet news service provider" means any person who manages any electronic publications referred to in subparagraph 18; |
[This Article Wholly Amended by Act No. 10587, Apr. 14, 2011]
| Article 3 (Freedom and Independence of Press) |
| (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 rights to have free access to information sources, and freedom to publish covered information. |
| (4) | Freedom and rights referred to in paragraphs (1) through (3) shall not be restricted, except as otherwise provided by the Constitution and Acts. |
[This Article Wholly Amended by Act No. 10587, Apr. 14, 2011]
| Article 4 (Social Responsibilities, etc. of Press) |
| (1) | Reports communicated by the press 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 infringe on their rights, public morals, and 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 opinions by news gathering, reporting, comments or other means. |
[This Article Wholly Amended by Act No. 10587, Apr. 14, 2011]
| Article 5 (Principle of Remedies for Damage Caused by Press, etc.) |
| (1) | The press, any Internet news service, or any Internet multimedia broadcasting (hereinafter referred to as "press, etc.") shall not infringe on other persons' life, liberty, body, health, reputation, the secrecy and freedom pertaining to privacy, portrait, name, voice, dialogue, works, personal documents, any other personal worth, etc. (hereinafter referred to as "personality right") and, where the press, etc. has infringed onany other person's personality right, such damage shall be remedied promptly in accordance with the procedure prescribed by this Act. |
| (2) | If a personality right is infringed on to the extent that such infringement is not contrary to social mores and where such infringement falls under any of the following subparagraphs, no legal liability shall attach to the press, etc. regarding such press report, except as otherwise provided in other Acts: |
| 1. | Where an infringement has been done with consent from the sufferer in question; |
| 2. | Where the press, etc. presents a report related to the public interest and there exists any justifiable ground that such report is true or is believed to be true. |
[This Article Wholly Amended by Act No. 10587, Apr. 14, 2011]
| Article 5-2 (Protection of Personality Rights of the Deceased) |
| (1) | The deceased shall be included in other persons stipulated in Article 5 (1). |
| (2) | If the personality rights of a deceased person has been infringed or is likely to be infringed, his/her bereaved family shall implement the procedures for remedies for such infringement. |
| (3) | The scope of the bereaved family referred to in paragraph (2) shall be limited to the spouse and lineal descendants of a deceased person except as otherwise provided in other Acts, to his/her lineal ascendants failing such spouse and lineal descendants, or to his/her brothers and sisters failing such lineal ascendants, and if two or more bereaved family members are in the same order, each person shall initiate the procedures for remedies independently. |
| (4) | An agreement on the infringement on a personality right of a deceased person shall be reached by all members of the bereaved family in the same order under paragraph (3). |
| (5) | Except as expressly provided in other Acts, no remedial procedures under paragraph (2) shall be implemented, when 30 years have passed after death. |
[This Article Wholly Amended by Act No. 10587, Apr. 14, 2011]
| (1) | A broadcasting business operator who conducts general programming or specialized programming on reports, a newspaper business operator who publishes a general daily newspaper (referring to a general daily newspaper defined in subparagraph 1 (a) of Article 2 of the Act on the Promotion of Newspapers, etc.), or a news communications business operator shall have an ombudsman in his/her company to prevent and remedy autonomously any damage caused by the press. |
| (2) | The authority and duties of an ombudsman shall be as follows: |
| 1. | Investigating violations by the press; |
| 2. | Recommending the correction of press reports which are not based on fact or which damage the reputation or other legal interests of other persons; |
| 3. | Recommending a report on a corrected statement or contradictory statement with respect to any grievance of the aggrieved party in question in need of remedies, or recommending compensation for damage caused to such aggrieved party; |
| 4. | Rendering other advisory opinions concerning the protection of rights and interests of subscribers or viewers and the remedies for infringements. |
| (3) | A press organization provided for in paragraph (1) shall guarantee autonomous activities of an ombudsman belonging thereto and endeavor to accept recommendations of the ombudsman unless any justifiable grounds exist to the contrary. |
| (4) | A press organization provided for in paragraph (1) shall determine 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 those matters. The same shall apply to any modification of those 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. |
[This Article Wholly Amended by Act No. 10587, Apr. 14, 2011]
CHAPTER II PRESS ARBITRATION COMMISSION
| Article 7 (Establishment of Press Arbitration Commission) |
| (1) | There is hereby established a Press Arbitration Commission (hereinafter referred to as the "Arbitration Commission") to settle disputes arising from and related to any press report or medium of the press, etc. (hereinafter referred to as "press report, etc.") by conciliation or arbitration as well as to deliberate on infringements caused thereby. |
| (2) | The Arbitration Commission shall deliberate on thefollowing: |
| 1. | Matters concerning the composition of an arbitral tribunal; |
| 2. | Matters concerning the establishment, amendment, and revocation of rules of the Arbitration Commission; |
| 3. | Consent to the appointment of the Secretary General under Article 11 (2); |
| 4. | Decision on recommendations for correction and on revocation of those recommendations under Article 32; |
| 5. | Other matters which the Chairperson of the Arbitration Commission tables at a meeting for deliberation. |
| (3) | The Arbitration Commission shall be comprised of at least 40, but not exceeding 90 arbitration commissioners, who shall be commissioned by the Minister of Culture, Sports and Tourism, from among the following persons. In such cases, the number of commissioners falling under subparagraphs 1 through 3 shall be equivalent to at least 1/5 of the prescribed number of arbitration commissioners, respectively: |
| 1. | Persons recommended by the Minister of Court Administration, from among those qualified as judges; |
| 3. | Persons engaging in news gathering or reporting at a press organization for ten or more years; |
| 4. | Other persons with abundant knowledge and experience related to the press. |
| (4) | The Arbitration Commission shall have one Chairperson, two or less Vice Chairpersons, and two or less auditors, who shall be elected from among arbitration commissioners, respectively. |
| (5) | The Chairperson, Vice Chairpersons, auditors, and arbitration commissioners shall hold office for a term of three years, respectively and may be commissioned consecutively for a further term for only once. |
| (6) | The Chairperson shall represent the Arbitration Commission and exercise general supervision and control over its affairs. |
| (7) | Vice Chairpersons shall assist the Chairperson in the performance of his/her duties and act on his/her behalf, as prescribed by the rules of the Arbitration Commission if he/she is unable to perform his/her duties for any unavoidable reason. |
| (8) | Auditors shall inspect and audit the affairs and accounts of the Arbitration Commission. |
| (9) | A resolution at a meeting of the Arbitration Commission shall be passed with the attendance of a majority of all incumbent arbitration commissioners and by an affirmative vote of a majority of those present. |
| (10) | Arbitration commissioners shall be honorary positions: Provided, That they may be reimbursed for allowances and other expenses, as prescribed by Presidential Decree. |
| (11) | Matters necessary for the composition, organization and operation of the Arbitration Commission shall be prescribed by the rules of the Arbitration Commission. |
[This Article Wholly Amended by Act No. 10587, Apr. 14, 2011]
| Article 8 (Independence of Arbitration Commissioner in Performance of Duties and Grounds for Disqualification) |
| (1) | An arbitration commissioner shall independently carry out his/her duties in accordance with laws and his/her conscience, and shall not be subject to any direction or interference in connection with those duties. |
| (2) | None of the following persons are eligible for an arbitration commissioner: |
| 4. | An incumbent journalist belonging to a press organization; |
| (3) | If an arbitration commissioner falls under any subparagraph of paragraph (2), he/she shall, ipso facto, be dismissed from office. |
[This Article Wholly Amended by Act No. 10587, Apr. 14, 2011]
| Article 9 (Arbitral Tribunals) |
| (1) | Arbitration shall be conducted by an arbitral tribunal comprised of five or less arbitration commissioners, and the head of the arbitral tribunal shall be nominated by the Chairperson of the Arbitration Commission from among arbitration commissioners qualified as judges or attorneys-at-law. |
| (2) | A resolution at an arbitral tribunal shall be passed with the attendance of a majority of all members of the arbitral tribunal, including its head, and by an affirmative vote of a majority of those present. |
[This Article Wholly Amended by Act No. 10587, Apr. 14, 2011]
| Article 10 (Exclusion, etc. of Arbitration Commissioner) |
| (1) | Where an arbitration commissioner falls under any of the following subparagraphs, he/she shall not perform his/her duties: |
| 1. | Where he/she or his/her spouse or ex-spouse is a party to the relevant case (hereinafter referred to as "relevant case"); |
| 2. | Where he/she is or was a blood relative of a party to the relevant case; |
| 3. | Where he/she participates or participated in the relevant case as an agent of a party thereto; |
| 4. | Where he/she participates in a report, etc. causing the relevant case. |
| (2) | If the exclusion of an arbitration commissioner taking charge of the relevant case is caused by himself/herself, an arbitral tribunal to which he/she belongs shall decide such exclusion, either ex officioor at the request of a party to the relevant case. |
| (3) | If there exists any ground for which it would be difficult to expect an arbitration commissioner taking charge of the relevant case to impartially perform his/her duties, a party to that case may apply for challenging the arbitration commissioner to an arbitral tribunal taking charge of the relevant case. |
| (4) | A decision on whether to accept an application for challenge shall be made at an arbitral tribunal nominated by the Chairperson of the Arbitration Commission, and neither the challenged commissioner nor the parties mayfile any objection to the decision. |
| (5) | If an arbitration commissioner falls under paragraph (1) or (3), the arbitration commissioner shall refrain from performing his/her duties related to any relevant case. In such cases, no permission from an arbitration tribunal is required. |
| (6) | If an application for challenge is filed under paragraph (3), an arbitral tribunal to which the challenged arbitration commissioner belongs shall suspend the relevant conciliation or arbitration procedure until a decision on such application is made. |
| (7) | Paragraphs (1) through (6) shall apply mutatis mutandis to the staff engaging in conciliation or arbitration. |
| (8) | Where a vacancy for an arbitration commissioner occurs in an arbitral tribunal due to exclusion, challenge, or refrainment, the Chairperson of the Arbitration Commission shall supplement the relevant arbitral tribunal by nominating an arbitration commissioner. |
[This Article Wholly Amended by Act No. 10587, Apr. 14, 2011]
| (1) | A Secretariat shall be established within the Arbitration Commission to assist the Arbitration Commission in performing its duties as well as to conduct investigations, research, etc. on damage remedy systems. <Amended by Act No. 10587, Apr. 14, 2011> |
| (2) | One Secretary General shall be assigned in the Secretariat, and the Secretary General shall be appointed by the Chairperson with consent by the Arbitration Commission and hold office for a term of three years. <Amended by Act No. 10587, Apr. 14, 2011> |
| (3) | Deleted. <by Act No. 9425, Feb. 6, 2009> |
| (4) | The organization and operation of and remuneration for the staff of the Secretariat and other necessary matters shall be prescribed by the rules of the Arbitration Commission.<Amended by Act No. 10587, Apr. 14, 2011> |
| Article 11-2 (Reporting on Activities of Arbitration Commission) |
The Arbitration Commission shall annually report on its activities, by the end of February of the following year, to the National Assembly, which may, if necessary, require the Chairperson or Secretary General of the Arbitration Commission to present himself/herself in order to hear his/her opinions.
[This Article Wholly Amended by Act No. 10587, Apr. 14, 2011]
| Article 12 (Financial Resources for Operation of Arbitration Commission) |
[This Article Wholly Amended by Act No. 10587, Apr. 14, 2011]
| Article 13 (Legal Fiction as Public Officials in Application of Penal Provisions) |
Arbitration commissioners and the staff of the Secretariat shall be deemed public officials in applying the penal provisions of the Criminal Act or other Acts. [This Article Wholly Amended by Act No. 10587, Apr. 14, 2011]
CHAPTER III REMEDIES FOR INFRINGEMENTS
SECTION 1 Request for Report on Corrected Statement, etc. Made to Press Organization, etc.
| Article 14 (Conditions Necessary for Request for Report on Corrected Statement) |
| (1) | A person who suffers any damage due to the falsity of a press report, etc. on a factual allegation (hereinafter referred to as "aggrieved party") may, within three months after the press report, etc. comes to his/her knowledge, require the relevant press organization, Internet news service provider, and Internet multimedia broadcasting business operator (hereinafter referred to as "press organization, etc.) to report a corrected statement of the details of such press report, etc. : Provided, That this shall not apply where six months have elapsed since the relevant press report, etc. |
| (2) | A request for a report on a corrected statement under paragraph (1) shall be made, irrespective of any intention, negligence or illegality of the relevant press organization, etc. |
| (3) | The State, a local government, or the head of any other institution or organization may, on its behalf, require the relevant press organization, etc. to report on a corrected statement of the details of any untrue press 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 details of any untrue press report, its representative may require the relevant press organization, etc. to report a corrected statement of suchdetails. |
[This Article Wholly Amended by Act No. 10587, Apr. 14, 2011]
| Article 15 (Exercise of Right to Require Relevant Press Organization, etc. to Report Corrected Statement) |
| (1) | A report on a corrected statement shall be required of the representative of the relevant press organization, etc. in writing and a written request for a report on a corrected statement shall include the name, address, telephone number and other contact details of the aggrieved party, the details of a press report, etc. subject to correction, the grounds therefor, and the written report: Provided, That where the details of press report, etc. of any online newspaper or Internet news service are being consistently reported or intermediated through the relevant website, the correction of such details may be required at the same time. |
| (2) | The representative of a press organization, etc. upon receipt of a request for a report on a corrected statement under paragraph (1) shall notify the requester of whether or not to accept that request within three days of receipt of such receipt. In such cases, when the details of the original press report, etc. subject to such correction are made in the course of broadcasting or reporting process of an online newspaper, Internet news, or Internet multimedia broadcasting, the said press organization, etc. may not, unless it proves the nonexistence of such original press report, etc., deny the existence thereof. |
| (3) | Where a press organization, etc. accepts a request for a report on a corrected statement under paragraph (1), the press organization, etc. shall consult with the aggrieved party or his/her agent on the details, size, etc. of the corrected statement without delay and broadcast or carry such corrected statement (including the correction of details of the relevant press report, etc. pursuant to the proviso to paragraph (1) in cases of any online newspaper or Internet news service) within seven days after the receipt of the request: Provided, That in cases of newspapers or periodicals including magazines, when unavoidable reasons exist, such as the completion of the editing and production of the current issue of the newspaper or periodical, a corrected statement shall be included in the next issue. |
| (4) | If any of the following events occurs, the relevant press organization, etc. may refuse a request for a report on a corrected statement: |
| 1. | Where there is no legitimate interest of an aggrieved party in exercising any right to require the said press organization, etc. to report a corrected statement; |
| 2. | Where the details of a report on a corrected statement required of the said press organization, etc. are clearly contrary to fact; |
| 3. | Where the details of a report on a corrected statement required of the said press organization, etc. are clearly illegal; |
| 4. | Where a report on a corrected statement is required of the said press organization, etc. only for a commercial advertisement; |
| 5. | Where the details of a report on a corrected statement required of the said press organization, etc. are related to a factual report on a public meeting of the State, a local government or public organization and on a public trial of a court. |
| (5) | A report on a corrected statement made by a press organization, etc. shall include a factual representation of corrected details of the original report, a title representative of the details of that representation, and an explanation or elucidation necessary to communicate that representation to the fullest extent, but illegal details shall be excluded. |
| (6) | A report on a corrected statement by a 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 report on a corrected statement of broadcasting shall be capable of being read together with superimposed captions (excluding radio broadcasting) at an ordinary speed. |
| (7) | A broadcasting business operator, newspaper business operator, business operator publishing a periodical including a magazine, and news communications business operator shall retain an original or copy of any broadcast report (excluding any re-transmission), broadcast program, newspaper, periodical including a magazine, news communications report for six months after such publication. |
| (8) | An online newspaper business operator or Internet news service provider shall retain an original or copy of any report of the online newspaper or Internet news service as well as the electronic record on arrangement of such report for six months after such publication, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10587, Apr. 14, 2011]
| Article 16 (Right to Require Relevant Press Organization, etc. to Report Contradictory Statement) |
| (1) | A person who sustains any damage due to a press report, etc. on a factual allegation may require the relevant press organization, etc. to report a contradictory statement of the details of that press report. |
| (2) | A request for a report on a contradictory statement under paragraph (1) shall be made, irrespective of any intention, negligence or illegality of the relevant press organization, etc. and such request may be made regardless of whether or not the details of the original report are true. |
| (3) | Except as otherwise provided in paragraphs (1) and (2), the provisions of this Act concerning a request for a report on a corrected statement shall apply mutatis mutandis to a request for a report on a contradictory statement. |
[This Article Wholly Amended by Act No. 10587, Apr. 14, 2011]
| Article 17 (Right to Require Relevant Press Organization, etc. to Make Further Report) |
| (1) | A person reported or announced to be a suspected offender or to suffer a criminal punishment by the press, etc. 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 further report on that fact within three months after that fact comes to his/her knowledge. |
| (2) | A further report under paragraph (1) shall include an explanation or elucidation necessary for restoring infringed reputation or rights of the relevant requester. |
| (3) | Except as otherwise provided in paragraphs (1) and (2), the provisions of this Act concerning a right to require the relevant press organization, etc. to report a corrected statement shall apply mutatis mutandis to a right to require such organization to make a further report. |
| (4) | No right to require the relevant press organization. etc. to make a further report shall affect the exercise of a right to require such organization, etc. to report a corrected statement or contradictory statement under this Act unless any extenuating circumstance exists. |
[This Article Wholly Amended by Act No. 10587, Apr. 14, 2011]
| Article 17-2 (Special Provisions on Internet News Services) |
| (1) | Where an Internet news service provider receives a request for a report on a corrected statement under Article 14 (1), a report on a contradictory statement under Article 16 (1), or a further report under Article 17 (1) (hereinafter referred to as "request for a report on a corrected statement, etc."), the Internet news service provider shall, without delay, manifest that there exists such request for a report on a corrected statement, etc. and then shall notify the relevant press organization, etc. which has provided the relevant article (hereinafter referred to as "article-providing press organization") of the details of such request. |
| (2) | Where a request for a report on a corrected statement, etc. under paragraph (1) is notified, an article-providing press organization shall be deemed received the same request. |
| (3) | Where an article-providing press organization notifies a requester of its decision as to whether to accept his/her request made in accordance with Article 15 (2) (including cases applicable mutatis mutandis pursuant to Articles 16 (3) and 17 (3)), the article-providing press organization shall also notify any Internet news service provider which has intermediated the relevant article of the same. |
[This Article Wholly Amended by Act No. 10587, Apr. 14, 2011]
| Article 18 (Application for Conciliation) |
| (1) | If any dispute arises from or related to a request for a report on a corrected statement, etc. under this Act, the aggrieved party or the relevant press organization, etc. may apply for conciliation to the Arbitration Commission. |
| (2) | The aggrieved party may apply for conciliation of compensation for damage caused by a press report, etc. to the Arbitration Commission within a period referred to in Article 14 (1).In such cases, the aggrieved party shall specify the amount of such compensation. |
| (3) | An application for conciliation of a request for a report on a corrected statement, etc. and compensation for damage shall be made orally or in writing, or by any other means, such as electronic documents, as prescribed by Presidential Decree, within a period referred to in Article 14 (1) (including cases applicable mutatis mutandis pursuant to Article 16 (3)) or 17 (1), and where the aggrieved party has requested the relevant organization, etc. beforehand for a report on a corrected statement, etc., such application forconciliation shall be filed within 14 days after the date on which an agreement between the aggrieved party and the relevant press organization, etc. has failed. |
| (4) | The claimant who intends to orally apply for conciliation under paragraph (3) shall present a statement of the details of such application, a document containing the details of the press report against which he/she files an objection, and a written corrected statement, etc. in which such applicant states his/her request for a report on a corrected statement, etc. to a competent staff member of the Arbitration Commission who shall prepare a record of the application with such details written within, have the applicant confirm the record, and have the record signed or sealed by the applicant or the competent staff member. |
| (5) | The Arbitration Commission may collect a fee for an application for conciliation, as prescribed by the rules of the Arbitration Commission. |
| (6) | While procedures for conciliation are pending, an applicant maymodify his/her request from a report on a corrected statement, etc. to compensation for damage, or vice versa, require both of them concurrently, and modify other facts supporting his/her application. |
[This Article Wholly Amended by Act No. 10587, Apr. 14, 2011]
| Article 19 (Conciliation) |
| (1) | Conciliation shall fall under the jurisdiction of the competent arbitral tribunal. If several arbitral tribunals have jurisdiction over one district, the Chairperson of the Arbitration Commission shall designate the competent arbitral tribunal. |
| (2) | Conciliation shall be complete within 14 days after receipt of an application for conciliation, and upon receipt thereof, the head of the competent arbitral tribunal shall determine the date for conciliation without delay and require the parties to make an appearance on that date. |
| (3) | If the applicant who is required to make an appearance under paragraph (2) fails to do so on two occasions, it shall be deemed that he/she withdraws his/her application for conciliation, and if the applied press organization, etc. fails to make an appearance on two occasions, it shall be deemed that it agrees to report a corrected statement, etc. according to the facts supporting such application. |
| (4) | If a person who is required to make an appearance under paragraph (2) fails to do so due to any natural disaster or for other justifiable grounds, he/she may explain himself/herself to the competent arbitral tribunal and apply to continue the relevant conciliation within three days after those grounds have ceased. The competent arbitral tribunal shall dismiss such application if deemed that such application is ill-founded and shall re-determine the date for conciliation and continue the conciliation if deemed that such application is well-founded. |
| (5) | A competent arbitration commissioner may, on the date for conciliation, give the parties an explanation of or advisory opinion concerning de facto and de jure relationships with respect to any dispute subject to conciliation, present a compromise to them, and recommend them to reach an agreement. |
| (6) | If a person, other than an attorney-at-law, intends to be an agent of the claimant or respondent, he/she shall obtain prior permission from the competent arbitral tribunal. |
| (7) | The spouse, a lineal blood relative, brother or sister of, or any other individual employed by, the claimant may be an agent of the claimant without obtaining permission from the competent arbitral tribunal referred to in paragraph (6) unless the claimant expresses his/her intention to the contrary clearly. In such cases, the agent shall verify, in writing, 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) | In principle, conciliation shall not be made public, but it may be made public, as prescribed by the rules of the Arbitration Commission, if deemed necessary to hear the statements of relevant persons, etc. |
| (10) | Procedures for conciliation, the method of composition and jurisdiction of an arbitral tribunal, the method of and procedures for an oral application, and other necessary matters shall be prescribed by the rules of the Arbitration Commission. |
[This Article Wholly Amended by Act No. 10587, Apr. 14, 2011]
| Article 20 (Examination of Evidence) |
| (1) | If deemed necessary for deliberation on any dispute concerning a request for a report on a corrected statement, etc. or compensation for damage which is submitted to conciliation, the competent arbitral tribunal may examine evidence or require both parties to produce the published reports causing such dispute and other relevant materials. |
| (2) | The provisions of Chapter III of Part II of the Civil Procedure Act shall apply mutatis mutandis to the examination of evidence under paragraph (1) unless contrary to the nature of conciliation, and if necessary, the competent arbitral tribunal may assign an arbitration commissioner belonging thereto or staff member of the Secretariat to collect and report evidential materials and require him/her to present a statement thereof on the date for conciliation. |
| (3) | If necessary for expeditious conciliation, the head of the competent arbitral tribunal may require 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 conciliation. |
| (4) | The competent arbitral tribunal may have one or both of the parties pay expenses incurred in examining evidence, and the provisions of the Costs of Civil Procedure Act shall apply mutatis mutandis to those expenses. In such cases, "court", "judge", and "court clerk" referred to in the Costs of Civil Procedure Act shall be construed as "arbitral tribunal", "arbitration commissioner", and "staff member of the Arbitration Commission" respectively. |
[This Article Wholly Amended by Act No. 10587, Apr. 14, 2011]
| (1) | The competent arbitral tribunal shall reject an application for conciliation if it is not made lawfully. |
| (2) | The competent arbitral tribunal may dismiss an application for conciliation if it is manifest that an allegation of the claimant is ill-founded. |
| (3) | If it deems that there exists any substantial ground for discontinuing the conciliation, such as the inability of the parties to reach an agreement, the competent arbitral tribunal shall terminate procedures for conciliation and take a decision on the failure thereof. |
[This Article Wholly Amended by Act No. 10587, Apr. 14, 2011]
| Article 22 (Ex Officio Decision on Conciliation) |
| (1) | If the parties fail to reach an agreement (including any case deemed reached an agreement under Article 19 (3)), or it is deemed that an allegation of the claimant is well-founded, the competent arbitral tribunal may make a decision in lieu of conciliation ex officio (hereinafter referred to as an "ex officio decision on conciliation") unless contrary to the facts supporting an application for conciliation, taking into account the interests of the parties and all other circumstances. In such cases, the said decision shall be made within 21 days after receipt of such application for conciliation, notwithstanding Article 19 (2). |
| (2) | An ex officio decision on conciliation shall include the disposition and reasoning and shall be signed and sealed by all the arbitration commissioners participating in that decision, and the original transcript thereof shall be severed on the parties without delay. |
| (3) | A person dissatisfied with an ex officio decision on conciliation may file an objection to the competent arbitral tribunal upon stating the ground for filing the objection in writing within seven days after the original transcript of that decision is served on him/her. In such cases, that decision shall become ineffective. |
| (4) | Where an objection is filed against an ex officio decision on conciliation under paragraph (3), legal proceedings under Article 26 (1) shall be deemed instituted at the time the objection is filed, and the aggrieved party and the relevant press organization, etc. shall be the claimant and the respondent, respectively. |
[This Article Wholly Amended by Act No. 10587, Apr. 14, 2011]
| Article 23 (Effect of Agreement, etc. by Conciliation) |
Any of the following cases shall have the same effect as a judicial settlement:
| 1. | Where an agreement between the parties has been reached as a result of conciliation; |
| 2. | Where an agreement is deemed reached under Article 19 (3); |
| 3. | Where an objection is not filed against an ex officio decision on conciliation under Article 22 (1). |
[This Article Wholly Amended by Act No. 10587, Apr. 14, 2011]
| (1) | With regard to a dispute concerning a request for a report on a corrected statement, etc. or compensation for damage, both parties may agree to comply with a final and conclusive decision of the competent arbitral tribunal on that dispute and then apply for arbitration. |
| (2) | An application for arbitration under paragraph (1) may be filed while procedures for conciliation are pending. In such cases, documents, assertion, or verification submitted during the procedures for conciliation shall be deemed submitted during the procedures for arbitration. |
[This Article Wholly Amended by Act No. 10587, Apr. 14, 2011]
| Article 25 (Effect, etc. of Arbitration Awards) |
| (1) | Arbitration awards shall have the same effect as the final and conclusive judgments of a court. |
[This Article Wholly Amended by Act No. 10587, Apr. 14, 2011]
SECTION 4 Legal Proceedings
| Article 26 (Proceedings in respect of Request for Report on Corrected Statement, etc.) |
| (1) | The aggrieved party may institute legal proceedings in respect of a request for a report on a corrected statement, etc. before the court. |
| (2) | The aggrieved party may concurrently institute legal proceedings in respect of a request for a report on a corrected statement, etc. and change them from one to another while pending. |
| (3) | Legal proceedings referred to in paragraph (1) shall be instituted within a period referred to in Article 14 (1) (including cases applicable mutatis mutandis pursuant to Article 16 (3)) or 17 (1). The aggrieved party may institute legal proceedings referred to in paragraph (1) concurrently with an application for indirect compulsory performance referred to in Article 261 (1) of the Civil Execution Act, subject to the acceptance thereof. |
| (5) | The first trial in respect of a request for a report on a corrected statement, 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 a report on a corrected statement, etc. shall be conducted in accordance with the provisions concerning judicial procedures under the Civil Procedure Act, and a trial on a request for a report on a contradictory statement or a further report shall be conducted in accordance with the provisions concerning procedures for provisional disposition under the Civil Execution Act: Provided, That Articles 277 and 287 of the Civil Execution Act shall not apply. |
| (7) | If a request is well-founded, the court may order a corrected statement, contradictory statement or further report to be broadcasted, carried or published in a manner provided for in Article 15 (3), (5) or (6). |
| (8) | Matters necessary for a trial on a request for a report on a corrected statement, etc. shall be prescribed by the rules of the Supreme Court. |
[This Article Wholly Amended by Act No. 10587, Apr. 14, 2011]
| (1) | A judgment in respect of a request for a report on a corrected statement, etc. shall be rendered within three months after receipt of that request. |
| (2) | If the courtorders a report on a corrected statement or contradictory statement or a further report to be made because an application for a request for such report is well-founded, it shall determine the details, prominence, time, frequency, page, broadcast program, etc. of such report to be broadcasted, carried or published. |
| (3) | In determining the details, etc. of a report on a corrected statement or contradictory statement or of a further report under paragraph (2), the court shall ensure that the damaged reputation or rights of the claimant may be restored to the maximum extent possible, taking into consideration a written report on the corrected statement or contradictory statement or a written further report included in the facts supporting his/her application. |
[This Article Wholly Amended by Act No. 10587, Apr. 14, 2011]
| Article 28 (Objection Procedures) |
| (1) | A judgment to accept a request for a report on a corrected statement, etc. shall not be subject to any objection, other than an appeal. |
| (2) | If it becomes apparent that all or part of a request for a report on a corrected statement. etc. should have been dismissed as a result of a hearing in the objection procedures under paragraph (1), any judgment to accept such request shall be revoked. |
| (3) | In casesfalling under paragraph (2), it shall be declared that the details of a judgment for revocation may be reported upon request of the relevant press organization, etc. if it has already carried out its duty to report a corrected statement or contradictory statement or to make a further report, and it shall be ordered, upon such request, that the other party should pay such organization, etc. the expenses incurred in making a report on the corrected statement or contradictory statement or a further report which has already been made and incurred in making a report on the judgment for revocation and such ordinary fees for carrying or broadcasting as are deemed appropriate. In such cases, the amount of such payments shall not exceed the fees for the relevant carrying or ordinary broadcast advertising costs. |
[This Article Wholly Amended by Act No. 10587, Apr. 14, 2011]
| Article 29 (Priority Conduct of Proceedings Related to Press Report, etc.) |
The court shall expeditiously conduct a trial for any damage caused by a press report, etc. in preference to other trials.
[This Article Wholly Amended by Act No. 10587, Apr. 14, 2011]
| Article 30 (Compensation for Damage) |
| (1) | A person who suffers any property damage, the infringement of personality right, or any other emotional distress due to an illegal act of the press, etc. by intention or negligence, may claim damage against the press organization, etc. |
| (2) | Ifany damage referred to in paragraph (1) is deemed incurred, but it is difficult to calculate the specific amount of such damage, the court shall calculate such amount of damage as may be deemed equivalent thereto, taking into consideration the effect of statements of claim and defense and the results of the examination of evidence. |
| (3) | An aggrieved party referred to in paragraph (1) may request a press organization, etc. which has infringed or is likely to infringe on his/her personality right to suspend or prevent such infringement. |
| (4) | Where an aggrieved party referred to in paragraph (1)make a request pursuant to paragraph (3), he/she may request a press organization, etc. to discard goods provided or made by an infringement of a personality right or to take other necessary measures. |
[This Article Wholly Amended by Act No. 10587, Apr. 14, 2011]
| Article 31 (Special Provisions in Cases of Defamation) |
The court may order any person who defames other persons to take measures appropriate for restoring their reputation, such as the publication of a corrected statement, in lieu of or together with compensation for damage at the request of the aggrieved party.
[This Article Wholly Amended by Act No. 10587, Apr. 14, 2011]
SECTION 5 Recommendations for Correction
| Article 32 (Recommendations for Correction) |
| (1) | If deemed necessary after deliberating on infringements of national, social or personal legal interests by press reports, the Arbitration Commission may recommend the relevant press organization to correct such infringements in writing. |
| (2) | The Arbitration Commission shall establish and publish standards for 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 details of recommendations for correction made to each relevant press organization. |
| (5) | A press organization dissatisfied with recommendations for correction may apply for rehearing to the Arbitration Commission, within seven days after being notified of the recommendations. |
| (6) | The relevant press organization may attend the rehearing proceedings to present its case and submit relevant materials. |
| (7) | If an application for rehearing is deemed well-founded, the Arbitration Commission shall revoke recommendations for correction. |
| (8) | The methods of and procedures for recommendations for correction under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10587, Apr. 14, 2011]
| Article 33 Deleted. <by Act No. 9425, Feb. 6, 2009> |
CHAPTER IV PENAL PROVISIONS
| Article 34 (Fines for Negligence) |
| (1) | Any of the following persons shall be punished by a fine for negligence not exceeding 30 million won: |
| 1. | A person who fails to have an ombudsman or establish ombudsman-related matters, in violation of Article 6 (1) or (4); |
| 2. | A person who fails to broadcast or carry a corrected written statement, etc., in violation of Article 15 (3) (including cases applicable mutatis mutandis pursuant to other provisions); |
| 3. | A person who fails to retain the original or copy of any published report, in violation of Article 15 (7); |
| 4. | A person who fails to retain the original or copy of any report, and the electronic record on arrangement of such report, in violation of Article 15 (8). |
| (2) | Fines for negligence under paragraph (1) shall be imposed and collected by the Minister of Culture, Sports and Tourism, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10587, Apr. 14, 2011]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Press Reports Made prior to Enforcement of this Act)
This Act shall also apply to press reports made before this Act enters into force: Provided, That the provisions of Articles 14 (1), 16 (3), 17 (1) and 18 (3) concerning a period within which a report on a corrected statement or contradictory statement or a further report may be required of the relevant press organization and a period within which an application for conciliation or arbitration may be made to the Press Arbitration Commission, shall not apply to those press reports, which shall be subject to the former provisions. Article 3 (Transitional Measures concerning Cases Pending before Press Arbitration Commission and Court)
Cases pending before the Press Arbitration Commission and the court in accordance with the former Registration, etc. of Periodicals Act before this Act enters into force shall be governed by the former provisions. Article 4 (Transitional Measures concerning Arbitration Commission)
| (1) | The Press Arbitration Commission established in accordance with the Registration, etc. of Periodicals Act as at the time this Act enters into force shall be deemed established in accordance with this Act. |
| (2) | An arbitration commissioner or the Secretary General of the Press Arbitration Commission commissioned or appointed in accordance with the Registration, etc. of Periodicals Act as at the time this Act enters into force shall be deemed commissioned or appointed in accordance with this Act until his/her term of office expires. |
Article 5 Omitted.
Article 6 (Relationship to other Acts and Subordinate Statutes)
Where the provisions of the former Registration, etc. of Periodicals Act and the Broadcasting Act corresponding to those provided under this Act are cited by any other Act and subordinate statute as at the time this Act enters into force, such corresponding provisions of this Act shall be deemed cited.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9425, Feb. 6, 2009>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Applicability to Reports and Medium by Internet Multimedia Broadcasting and Internet News Service) The application of this Act to the Internet multimedia broadcasting and Internet news services shall begin with the first report and medium after this Act enters into force. |
ADDENDA <Act No.10165, Mar. 22, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM<Act No. 10587, Apr. 14, 2011>
This Act shall enter into force on the date of its promulgation.