Press Arbitration Commission
Contents 01. Press Arbitration Commission in Brief Introduction of PAC / 4 ACT ON PRESS ARBITRATION AND REMEDIES, ETC., FOR DAMAGE CAUSED BY NEWS REPORTS / 5 Chronology of PAC / 6 Organization of PAC / 8
02. Remedial Procedures for Damage Caused by News Reports, etc. Conciliation and Arbitration / 12 Types of Conciliation and Arbitration Claims / 16 Settlement of Conciliation Claims / 18 Enforcement of Arbitration Award / 19
03. Other Main Operations & Statistics on Conciliation and Arbitration Cases Recommendations for Correction / 22 Deliberation on News Reports on Elections / 22 Counseling on Damage by News Reports, etc. / 22 Education / 23 Statistics on Conciliation and Arbitration Cases / 24
04. ACT ON PRESS ARBITRATION AND REMEDIES, ETC., FOR DAMAGE CAUSED BY NEWS REPORTS CHAPTER I GENERAL PROVISIONS / 28 CHAPTER II PRESS ARBITRATION COMMISSION / 30 CHAPTER III REMEDIES FOR VIOLATIONS / 33 CHAPTER IV PENAL PROVISIONS / 40 ADDENDA / 40
symbol of PAC
Meaning This institutional symbol is designed from 'ă…ˆ', the initial sound of a word 'JoongJae', which is the Korean for "arbitration". It also represents the image of balance as a fair-minded mediator and a bridge to smooth communication between the people and the press. 'ă…ˆ' (Ji-Eut) is the ninth consonant of the Korean alphabet, and it is pronounced as [ ] or [z].
Concept This symbol uses warm colors such as yellow, orange, and red to represent a friendly, warmhearted image as a public organization and a wise mediator. Blue-colored letters express an image of an impartial and trusted mediator.
The Press Arbitration Commission (PAC) is a quasi-judicial organization that helps settle disputes over news reports through conciliation or arbitration. Aggrieved parties can claim corrections of false news reports, replies to news reports, follow-up reports and/or compensations for news reporting-related damage.
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Press Arbitration Commission in Brief
Introduction of PAC ACT ON PRESS ARBITRATION AND REMEDIES, ETC., FOR DAMAGE CAUSED BY NEWS REPORTS Chronology of PAC Organization of PAC
Introduction of PAC || When the aggrieved party injured by news reporting or news reposting on Internet news service (hereinafter "news report, etc.,") complains, the Press Arbitration Commission promptly helps the party get redeemed for the damage by requesting correction of the original news report, a statement in reply to the report, a followup report, and/or a compensation for the injury. || The conciliation procedure shall be completed, at no cost, within two weeks after receiving the request for conciliation.
A request for correction of a news report
Press Arbitration Commission
A request for reply to a news report A request for a follow-up report
Conciliation
Arbitration
A request for Compensation for injury
Damage by news report, etc.
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Claims for conciliation or arbitration
Remedies for damage (Prompt, No Cost)
Press Arbitration Commission in Brief
Remedial Procedures for Damage Caused by News Reports, etc.
Other Main Operations & Statistics on Conciliation and Arbitration Cases
ACT ON PRESS ARBITRATION AND REMEDIES, ETC., FOR DAMAGE CAUSED BY NEWS REPORTS
ACT ON PRESS ARBITRATION AND REMEDIES, ETC., FOR DAMAGE CAUSED BY NEWS REPORTS The freedom and independence of the press shall be guaranteed. The news and related reports shall be impartial and objective, and they shall ensure the protection and expansion of the citizens' right to know and their freedom of speech. The news media shall not violate any right to life, liberty, body, health, honor, privacy, portrait, name, voice, dialogue, works, personal documents, any other personal worth, etc., Articles 3, 4 and 5 of the ACT ON PRESS ARBITRATION AND REMEDIES, ETC., FOR DAMAGE CAUSED BY NEWS REPORTS
|| The Press Arbitration Commission was established under the ACT ON PRESS ARBITRATION AND REMEDIES, ETC., FOR DAMAGE CAUSED BY NEWS REPORTS ("the Act"). The Act provides for the creation of the Press Arbitration Commission to conciliate and arbitrate disputes caused by news and related reports. || The Act was enacted on January 27, 2005, came into force on July 28, 2005, and was last revised on April 14, 2011. It stipulates the right to claim correction of a news report, to claim a reply to the news report, to claim a followup news report, and to claim a compensation for injury from false news reporting. || The Act, as revised on February 6, 2009, has placed Internet news service and Internet multimedia broadcasting under the jurisdiction of the Press Arbitration Commission.
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Chronology of PAC March 31, 1981. Establishment of the Press Arbitration Commission under the BASIC PRESS ACT
December 30, 1995. Revision of ACT RELATING TO REGISTRATIONS, ETC., OF PERIODICALS - Authorizing the Press Arbitration Commission to award an ex officio ruling on conciliation
November 28, 1987. Enactment and promulgation of ACT RELATING TO REGISTRATIONS, ETC., OF PERIODICALS and Repeal of the BASIC PRESS ACT
1981
1980s
6
1987
February 14, 2002. Establishment of the Deliberating Commission on News Reports under the ACT ON THE ELECTION OF PUBLIC OFFICIALS AND THE PREVENTION OF ELECTION MALPRACTICES
1995
1990s
2002
2000s
January 27, 2005. Enactment of ACT ON PRESS ARBITRATION AND REMEDIES, ETC., FOR DAMAGE CAUSED BY NEWS REPORTS - I ntroduction of Arbitration system besides Conciliation system -C onciliation and Arbitration on claims for compensation for injury - I nclusion of on-line newspaper on Conciliation and Arbitration object - I ntroduction of oral or e-mail filing system
2005
Press Arbitration Commission in Brief
Remedial Procedures for Damage Caused by News Reports, etc.
Other Main Operations & Statistics on Conciliation and Arbitration Cases
February 6, 2009. Revision of ACT ON PRESS ARBITRATION AND REMEDIES, ETC., FOR DAMAGE CAUSED BY NEWS REPORTS - Inclusion of Internet news service, Internet multimedia broadcasting on Conciliation and Arbitration object
July 28, 2005. Enforcement of ACT ON PRESS ARBITRATION AND REMEDIES, ETC., FOR DAMAGE CAUSED BY NEWS REPORTS
September 24, 2012. Establishment of exclusive arbitral tribunal for compensation for injury cases in Seoul
April 11, 2011. Ceremony of the thirtieth anniversary of the Commission
2009
2011
ACT ON PRESS ARBITRATION AND REMEDIES, ETC., FOR DAMAGE CAUSED BY NEWS REPORTS
December 31, 2013. 2,433 conciliation application cases filed during the calendar year; 190 arbitration cases concluded
2012
2013
2010s
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Organization of PAC 01 The Chairman
Park Yong Sang •Chairman, Press Arbitration Commission (2014-to present) •Chairman, Internet Election News Deliberation Commission •Chairman, National Assembly Public Ethic Committee •Secretary General, The Constitutional Court •Senior Judge, Seoul High Court •Senior Judge, Seoul Civil District Court
02 Commission
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Hong Eun Hee
Kim Kil So
Vice Chairwoman
Vice Chairman
|| The Commission shall be composed of forty to ninety commissioners, including one chairman who represents and supervises the Commission and two vice chairmen. || Each arbitral tribunal has five commissioners. It comprises a judge in active service, a lawyer, a former journalist with more than ten years of experience, a distinguished person in the press community. The chief commissioner of each arbitral tribunal is appointed by the chairman, and a judge in active service or a lawyer is qualified for the appointment. || There are eight arbitral tribunals in Seoul and ten arbitral tribunals in metropolitan and provincial cities such as Busan, Daegu, Gwangju, Daejeon, Gyeonggi, Gangwon, Chungbuk, Jeonbuk, Gyeongnam, and Jeju.
Press Arbitration Commission in Brief
Remedial Procedures for Damage Caused by News Reports, etc.
Other Main Operations & Statistics on Conciliation and Arbitration Cases
ACT ON PRESS ARBITRATION AND REMEDIES, ETC., FOR DAMAGE CAUSED BY NEWS REPORTS
|| The secretariat is in charge of supporting the Commission's operations. The secretary-general is responsible for its overall operations. The Commission's secretariat is made up of three headquarters to support the Commission's operations. || Among the secretariat's main operations are: counseling the aggrieved party, advising on methods of redemption, researching and publishing for the press arbitration system, promoting and educating on the Commission and the press arbitration system, and sponsoring in-house seminars and public forums. || The case manager participates in conciliation and arbitration proceedings to assist the arbitral tribunal and to ensure its smooth operations.
03 Secretariat
04 Organization Commission
Chairman Vice Chairmen
Steering Committee
Inspector General
Recommendations for correction Committee
Seoul Arbitral Tribunals(8)
Provincial Arbitral Tribunals(10)
Secretary General
Headquarter for Hearing
Headquarter for Education
Case Management Team
Deliberation Team
Counseling Team
Busan Office
Daegu Office
Gwangju Office
Consecutive Education Team
Daejeon Office
Headquarter for Operation
Frequent Education Team
Research Team
Public Relations Team
Gyeonggi Office
Gangwon Office
Chungbuk Office
Planning Team
Jeonbuk Office
Budget & Accounting Team
General Affairs Team
Gyeongnam Office
Jeju Office
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02
Remedial Procedures for Damage Caused by News Reports, etc.
Conciliation and Arbitration Types of Conciliation and Arbitration Claims Settlement of Conciliation Claims Enforcement of Arbitration Award
Conciliation and Arbitration 01 Definitions of Conciliation and Arbitration
Conciliation || Conciliation is a method of dispute resolution involving an arbitral tribunal who tries to help the parties in dispute reach an agreeable solution. Either the aggrieved party or the press organization, Internet news service business operator, and Internet multimedia broadcasting business operator (hereinafter as "press organization, etc.,") concerned may initiate the conciliation procedure. Arbitration || Arbitration is a method of dispute resolution involving an arbitral tribunal whose decision is binding. Therefore, the aggrieved party and the press organization concerned must submit a written agreement in which they commit to honor the arbitration award.
| Procedures of Conciliation |
Filing an Application for Conciliation
The conciliation procedure shall be completed within 14 days after the filing except in an ex officio ruling on the conciliation. If the commission grants an ex officio ruling on the conciliation, it shall be done within 21 days after the filing.
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You can apply for conciliation within three months from the date of your awareness of the challenged news report, etc., Moreover, no application, filed after 6 months from the date of the challenged news report, etc., can be accepted by the commission.
Conciliation
Settlement
Ex officio ruling on conciliation
Conciliation Failure Award
Through the settlement between the aggrieved party and the complained-of press organization, etc., correction of a news report, a reply to the precipitating news report, or a follow-up news report is available. You may seek compensation, too.
If both parties fail to reach a mutual agreement throughout the conciliation procedure, the Commission may grant an ex officio ruling on conciliation insofar as it does not contradict the purpose of the request for conciliation, taking into account the interests of both parties and all other relating circumstances.
If the case is improper or not eligible for conciliation, the Commission shall grant the conciliation failure award.
Press Arbitration Commission in Brief
Remedial Procedures for Damage Caused by News Reports, etc.
Other Main Operations & Statistics on Conciliation and Arbitration Cases
ACT ON PRESS ARBITRATION AND REMEDIES, ETC., FOR DAMAGE CAUSED BY NEWS REPORTS
| Procedures of Arbitration |
02 Object of Claims
Mutual Agreement for Arbitration
Filing an Application for Arbitration
Arbitration
Arbitration Award
STEP 01
STEP 02
STEP 03
STEP 04
|| False news reports in broadcasting, newspapers, periodicals including magazines, news communication, Internet news, Internet news service and Internet multimedia broadcasting are subject to possible complaints to the Press Arbitration Commission.
False Reports • Reports that only contain the opinion of one side • Reports that present fiction as a fact • Reports that exaggerate the fact • Reports that emphasize a particular over the overall facts, with intent to create a biased view • Reports that cause damage by using pictures that do not relate to the articles in question • Reports that imply a different intention by distorting the fact without the author's permission • Reports that falsely state the name of a person, a place, or statistical data • Reports that create suspicion of any crime against, or reported as a criminal, an individual who's found to be free from suspicion after an investigation • Reports that use a person's portrait, voice, privacy, or name without permission or for no fair reason
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03 Statute of Limitations
04 Petitioner for Conciliation and Arbitration
05 How to Apply
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|| The Statute of Limitations expires three months after the date when the aggrieved party came to be aware of the complained-of news report, etc., or six months after the news report, etc., appeared.
|| Not only an individual but also a general organization, private companies, and provincial governments can claim for damage from news reports, etc. If a proxy (if the applicant is underage, a person in parental authority) claims for conciliation or arbitration, he or she has to submit documents to prove delegable authority or a letter of attorney.
|| Fill out the application form at the secretariat in person, or send it by email to counsel@pac.or.kr. You can download the application form for conciliation and arbitration in our PAC Website. (www.pac.or.kr) || Arrange for an interview with the secretariat and report orally. || Visit the 'PAC Eye-net' system for press conciliation and arbitration(http:// people.pac.or.kr) and fill out the electronic form.
Press Arbitration Commission in Brief
06 Date and Place for Conciliation and Arbitration
07 Decision on Open Procedures to the Public
08 Oral Statement, Opinion Hearing, and Written Evidence
09 Processing Cost
Remedial Procedures for Damage Caused by News Reports, etc.
Other Main Operations & Statistics on Conciliation and Arbitration Cases
ACT ON PRESS ARBITRATION AND REMEDIES, ETC., FOR DAMAGE CAUSED BY NEWS REPORTS
|| The Commission will issue a summons that states the date and place of appointment for the PAC examination of the application within 14 days after the acceptance of the application. || The petitioner should appear in a competent arbitral tribunal on the stated date. When the petitioner is absent twice, it is considered a withdrawal of the conciliation application. When the press organization is absent twice, it is considered that both parties have arrived at an agreement to report on a required statement, etc.
|| In general, all procedures will be processed privately. Only the arbitration commissioner, the case manager, the petitioner, press organization, etc., are allowed to attend the examination. When the hearing of references is needed, the commissioner can permit the attendance or hearing of a related party.
|| The objective of the examination is to grasp an argument arising from the dispute and to reach conclusions via fair conciliation and arbitration. So, the active statement, the reference's opinion, and corroborative facts are the important source to PAC in making a fair judgment. || The petitioner, the interested party, and the reference can make statements in writing or orally during the examination. The petitioner can deliver a statement about his or her situation, circumstances related to the news report at issue, etc. In order to reach an amicable settlement, the arbitral tribunal can engage in fact-finding or evidentiary gathering.
|| All the costs are free. (However, if the person requests evidentiary gathering, the cost incurred can be charged.)
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Types of Conciliation and Arbitration Claims 01 A Request for Correction of a News Report
|| A petitioner who suffers damage due to a partially or wholly false report can complain to the publisher for correction. The petitioner is responsible for proving that the original report contains false facts, whereas the press is responsible for proving the report is true.
Example of Correction of a News Report In the edition of the Daehan Times on July 13, the article, headlined "Government Bans Sale of Apple, Grapefruit Containing Alar," was in fact about the government's ban of "Farm Chemicals" containing Alar. The Daehan Times deeply regretted this error. The headline should have read "Government Bans Sale of Farm Chemicals Containing Alar."
02 A Request for Reply to a News Report
|| The petitioner can complain to the news organization to report a reply to a previous article. The contradictory reply is not required to prove the falsity of the original report.
Example of Reply to a News Report The 8 0'clock News reported "80% fraudulent claims by dentists" on 0ct. 18. In relation to the report, the Korean Dental Association stated that it was inappropriate to generalize the investigation into 80% of 30 dental clinics suspected of making fraudulent claims for the Health Insurance to all dental clinics.
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Press Arbitration Commission in Brief
03 A Request for a Follow-Up Report
Remedial Procedures for Damage Caused by News Reports, etc.
Other Main Operations & Statistics on Conciliation and Arbitration Cases
ACT ON PRESS ARBITRATION AND REMEDIES, ETC., FOR DAMAGE CAUSED BY NEWS REPORTS
|| In case a person was reported to be under suspicion for a crime or reported to be a criminal, but has been cleared from the suspicion after an investigation, he or she can request the press organization, etc., for a follow-up story on his or her innocence. || A request for a follow-up story can be exercised only when the petitioner is proved to be innocent or not guilty. The petition for the follow-up story is allowed only within three months from the date the criminal case against the petitioner was closed.
Example of a Follow-Up Report We have reported that "John Doe was arrested on a charge of drinking under the influence of alcohol" in the article of May 5, headlined "John Doe drinks and drives," on the front page of our newspaper. However, recently, he has been declared free from the suspicion of drunken driving.
04 A Request for a Compensation for Injury
|| The petitioner can claim monetary compensations from press organizations, etc., for violating the right of character, likeness, good name, privacy, or voice. The petitioner should clearly state the amount of the damages claimed.
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Settlement of Conciliation Claims 01 Settlement
02 Ex Officio Ruling on Conciliation
03 Conciliation Failure Award
04 Dismissal
05 Rejection
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|| If both parties reach a mutual agreement, it has the same effect as a judicial conciliation. If the press defaults on the agreement, the aggrieved party may initiate a lawsuit against the press organization, etc., to enforce the agreement.
|| If both parties fail to reach an agreement throughout the conciliation procedure, the Commission may grant an ex officio ruling on conciliation to the extent that it is not contrary to the purpose of the request for conciliation, taking into account the interests of both parties and all other circumstances. || The ex officio ruling on conciliation should be made within 21 days from the application-filing date. If the petitioner or the press organization do not reject the ruling within 7 days after the authentic copy of that ruling is delivered to them, the ruling on conciliation becomes effective as a judicial conciliation. If either of the parties enters an appeal, the ruling is then not in effect, and it is considered the same as filing a lawsuit. After trial starts, the petitioner and the press organization, etc., are considered plaintiff and defendant, respectively.
|| If the petition is very inadequate or ineligible for conciliation, the Commission shall grant the conciliation failure award. In such case, the petitioner may file his or her case in court for a judicial process.
|| The Commission may dismiss the petition if the petitioner lacks proper interest in asserting his or her right to request for correction of a news report, etc., if the requested reply, etc., is found to be neither true nor accurate, or if the petitioner is found to have petitioned to the Commission for commercial purposes.
|| The Commission may reject when the petitioner files a case after the statute of limitation has expired.
Press Arbitration Commission in Brief
Remedial Procedures for Damage Caused by News Reports, etc.
Other Main Operations & Statistics on Conciliation and Arbitration Cases
ACT ON PRESS ARBITRATION AND REMEDIES, ETC., FOR DAMAGE CAUSED BY NEWS REPORTS
Enforcement of Arbitration Award ||
The arbitration award has the same effect as the judicial judgment.
|| Under the PAC law, the concerned press organizations, etc., must publish a correcting news story, a reply to a challenged story, or a follow-up report and must pay for damages. If a press organization, etc., defaults on the arbitration award, the petitioner may bring a lawsuit against the press organization to enforce the arbitration award.
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03
Other Main Operations & Statistics on Conciliation and Arbitration Cases
Recommendations for Correction Deliberation on News Reports on Elections Counseling on Damage by News Reports, etc. Education Statistics on Conciliation and Arbitration Cases
Recommendations for Correction || If the Commission finds, through a deliberation, that the contents of news reports have jeopardized and damaged individual human rights, the public interest, or the national interest, it may recommend that the news publisher not repeat a mistake of the same kind.
Deliberation on News Reports on Elections || If the Commission finds, through a deliberation, the news contents of any elections to be unfair and partial in newspapers, periodicals including a magazine, etc., and news communication, it may order the publisher to carry a written apology, a notice of warning from the Commission or a corrected report in the same news media.
Counseling on Damage by News Reports, etc. || The Commission offers counseling service on how to recover from the damage caused by news reports in newspapers, broadcasting, magazines, Internet newspapers, Internet news services, and Internet multimedia broadcasting. The person who has suffered the damage caused by the news media can use the counseling service. || The counseling service is available by visiting the Commission, by telephone, or on-line at no cost.
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Press Arbitration Commission in Brief
Remedial Procedures for Damage Caused by News Reports, etc.
Other Main Operations & Statistics on Conciliation and Arbitration Cases
ACT ON PRESS ARBITRATION AND REMEDIES, ETC., FOR DAMAGE CAUSED BY NEWS REPORTS
Education 01 Preventive Education for Damage by News Reports, etc.
02 ADR Education
|| Damage caused by news reports, etc., is both far-reaching and swift; it is also difficult to recover from. Thus, it is essential that a preventive mechanism should be in place. || The Commission runs an education team to provide educational programs, on request, for press organizations, corporations, universities, etc.
|| The Commission, one of the best established ADR* organizations in Korea, with 30 years' know-how of conciliation and arbitration, runs ADR education programs as a means of preventing and resolving various kinds of disputes. || ADR experts are invited to lecture for the ADR education programs, which consist of 9 education courses classified by the occupations of the participants (public official, teacher, ADR employee, business and government publicist, lawyer trainee, journalist, citizen, etc.). *ADR (Alternative Dispute Resolution): ADR refers to a procedure for settling a dispute by means other than litigation. Typical ADR procedures involve conciliation or arbitration.
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Statistics of Conciliation and Arbitration Cases 01 Handled 2,433 conciliation cases, the majority concerned corrected news reports
|| The Commission handled a total of 2,433 cases in 2013: 1,195 correction of a news report (49.1%); 784 Compensation for injury (32.2%); 274 Reply to a news report (11.3%), 180 Follow-up report (7.4%)
7.4%
Correction of a news report
11.3%
Compensation for injury
49.1%
Reply to a news report
%
32.2
A follow-up report
<Status of handled Conciliation cases> Settled cases 3,000
2,500
2,401 2,205
2,433
2,124
2,000 1,573 1,500 1,087 1,043
1,000
381 423
500
0
44
50
71
54
59
49
121 159 47 55
659 602 641 607 541 528 556 511 490
724 759
883
954
220
81’ 82’ 83’ 84’ 85’ 86’ 87’ 88’ 89’ 90’ 91’ 92’ 93’ 94’ 95’ 96’ 97’ 98’ 99’ 00’ 01’ 02’ 03’ 04’ 05’ 06’ 07’ 08’ 09’ 10’ 11’ 12’ 13’ Year
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Press Arbitration Commission in Brief
Remedial Procedures for Damage Caused by News Reports, etc.
Other Main Operations & Statistics on Conciliation and Arbitration Cases
ACT ON PRESS ARBITRATION AND REMEDIES, ETC., FOR DAMAGE CAUSED BY NEWS REPORTS
02 Defamation complaints made up the majority of the PAC petitions
|| Below are the types of the petitioners: 1,395 individuals (57.3%), 255 organizations (10.5%), 188 provincial government/public organizations (7.7%), 36 central government (1.5%), 559 other cases (23.0%)
individual cases
23.0%
general organization cases %
1.5
provincial government/public organizations cases
57.3%
%
7.7
central government cases
10.5%
other cases
03 The average monetary compensation amounted to 2,532,000 won (US$2,420). (Exchange rate US$1=1,046 won, December 2013)
04 190 arbitration cases settled
|| In 2013, the Commission settled 190 arbitration cases, in which both parties agreed to follow the Commission's decisions. Settled cases 200
190
150 113
111 100 77
59 50
0
7
14
10
2006
2007
2008
2009
2010
2011
2012
2013
Year
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ACT ON PRESS ARBITRATION AND REMEDIES, ETC., FOR DAMAGE CAUSED BY NEWS REPORTS
CHAPTER I
GENERAL PROVISIONS
CHAPTER II PRESS ARBITRATION COMMISSION CHAPTER III REMEDIES FOR VIOLATIONS SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5
Requests for Correction of News Reports, etc., made to Press Organization, etc. Conciliation Arbitration Legal Proceedings Recommendations for Correction, etc.
CHAPTER IV PENAL PROVISIONS ADDENDA
ACT ON PRESS ARBITRATION AND REMEDIES, ETC., FOR DAMAGE CAUSED BY NEWS REPORTS Act No. 10587, Apr. 14, 2011
CHAPTER I GENERAL PROVISIONS Article 1 (Purpose) The purpose of this Act is to make the freedom of the press compatible with public responsibilities thereof, by establishing any effective remedial system to settle disputes, if any, concerning reputation, rights or other legal interests violated through news reports or news reposting by press organizations, etc., or the means through conciliation or arbitration. Article 2 (Definitions) The definitions of terms used in this Act shall be as follows: 1. The term "press" means any broadcasting, newspaper, periodical including magazine, news communications and Internet newspaper; 2. T he term "broadcasting" means any television broadcasting, radio broadcasting, data broadcasting or digital multimedia broadcasting provided for in subparagraph 1 of Article 2 of the Broadcasting Act; 3. T he term "broadcasting business operator" means any terrestrial broadcasting business operator, CATV broadcasting business operator, satellite broadcasting business operator or business operator using a broadcasting channel provided for in any item of subparagraph 3 of Article 2 of the Broadcasting Act; 4. The term "newspapers" means any newspaper under subparagraph 1 of Article 2 of the Act on the Promotion of Newspapers, etc. 5. The term "newspaper business operator" means any newspaper business operator under subparagraph 3 of Article 2 of the Act on the Promotion of Newspapers, etc.
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6. The term "periodicals, including magazines" means any magazine and other periodicals under subparagraph 1 (a) and (d) of Article 2 of the Act on Promotion of Periodicals, Including Magazines; 7. The term "business operator publishing periodicals, including magazines" means any person who publishes magazines or other publications among business operators publishing periodicals in accordance with subparagraph 2 of Article 2 of the Act on Promotion of Periodicals, Including Magazines; 8. T he term "news communications" means any news communications provided for in subparagraph 1 of Article 2 of the News Communications Promotion Act; 9. The term "news communications business operator" means any news communications business operator provided for in subparagraph 3 of Article 2 of the News Communications Promotion Act; 10. The term "Internet newspaper" means any Internet newspaper provided for in subparagraph 2 of Article 2 of the Act on the Promotion of Newspapers, etc. 11. T he term "Internet newspaper business operator" means any Internet newspaper business operator provided for in subparagraph 4 of Article 2 of the Act on the Promotion of Newspapers, etc. 12. The term "press organization" means any broadcasting business operator, newspaper business operator, business operator publishing periodicals, including magazines, news communications business operator or Internet newspaper business operator; 13. The term "representative of a press organization" means any person who has legal authority to represent the press organization in the operation thereof or one other
Press Arbitration Commission in Brief
Remedial Procedures for Damage Caused by News Reports, etc.
person who possesses the same status as that person: Provided, That in cases where a periodical, such as a foreign newspaper or a foreign magazine, has its branch offices or other regional agencies in the Republic of Korea means any person who has obtained permission to establish such offices or agencies under Article 26 of the Act on the Promotion of Newspapers, etc., or who has been registered under Article 29 of the Act on Promotion of Periodicals, Including Magazines; 14. The term "factual allegation" means any allegation of a matter of fact, the existence or nonexistence of which is capable of being verified by evidence; 15. The term "news report" means any report on factual allegations of the press; 16. The term "correction of a news report" means any report made, if all or part of the contents of the original news report are not true, after correcting those contents on the basis of truth; 17. The term "reply to a news report" means any report made, irrespective of whether or not the contents of the original news report are true, in contradiction to such contents; 18. The term "Internet news services" means any electronic publication that continues to provide or intermediate press articles via the Internet. Provided, That Internet newspapers, Internet multimedia broadcasting, or other electronic publications prescribed by Presidential Decree shall be excluded; 19. The term "Internet news service business operator" means any person who manages an electronic publication under subparagraph 18; 20. The term "Internet multimedia broadcasting" means any Internet multimedia broadcasting under subparagraph 1 of Article 2 of the Internet Multimedia Broadcast Services Act; 21. The term "Internet multimedia broadcasting business operator" means any Internet multimedia broadcasting business operator under subparagraph 5 of Article 2 of the Internet Multimedia Broadcast Services Act. Article 3 (Freedom and Independence of the Press)
Other Main Operations & Statistics on Conciliation and Arbitration Cases
ACT ON PRESS ARBITRATION AND REMEDIES, ETC., FOR DAMAGE CAUSED BY NEWS REPORTS
(1) The freedom and independence of the press shall be guaranteed. (2) N o 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. Article 4 (Social Responsibilities, etc., of the Press) (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. Article 5 (Principle of Remedies for Damage Caused by the Press, etc.) (1) T he 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
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legal regulations exist otherwise. 1. In any case in which the press, etc., reported with the consent of the aggrieved party; 2. In any case in which the press, etc., present a true report related to the public interests or any justifiable reason exists that they believe to do so. Article 5-2 (Protection of Personal Rights of the Deceased) (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> Article 6 (Ombudsman) (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.,
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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: 1. Investigating violations by the press; 2. Recommending the correction of news reports which are not based on fact or which damage the reputation or other legal interests of other persons; 3. Recommending correction of a news report or reply to a news report with respect to any grievance of the aggrieved party in question entitled to remedies or recommending compensation for injury caused to that aggrieved party; 4. Rendering other advisory opinions concerning the protection of rights and interests of subscribers or viewers and the remedies for violations. (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.
CHAPTER II PRESS ARBITRATION COMMISSION Article 7 (Establishment of Press Arbitration Commission) (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
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"news report, etc.,") by conciliation or arbitration as well as to deliberate on violations caused thereby. (2) The Arbitration: Commission shall deliberate on the following: 1. Matters concerning the composition of an arbitral tribunal; 2. Matters concerning the formulation, amendment, and revocation of rules of the Arbitration Commission; 3. Consent to the appointment of the secretary general under Article 11; 4. Decision on recommendation for correction and on revocation of recommendation under Article 32; 5. Other matters which the Chairperson of the Arbitration Commission refers to it for deliberation. (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: 1. Persons who are recommended by the Minister of National Court Administration from among judges; 2. Persons who are recommended by the President of the Korean Bar Association from among attorneys under Article 78 of the Attorney-at-Law Act; 3. Persons whose term of service related to news gathering and/or report in a press organization is ten years or more; 4. Other persons who have much knowledge and experience in 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 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
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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. Article 8 (Independence of Arbitration Commissioners in Performance of Duties and Disqualifications) (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) A ny person who falls under any of the following subparagraphs shall be ineligible as an arbitration commissioner: 1. A public official under Article 2 of the State Public Officials Act and Article 2 of the Local Public Officials Act (excluding a judge and a public official for education); 2. A member of a political party under the Political Parties Act; 3. A person who is registered as a candidate in any election held under the Public Official Election Act; 4. An incumbent journalist belonging to a press organization; 5. A person who falls under any subparagraph of Article 33 of the State Public Officials Act. (3) If an arbitration commissioner falls under any subparagraph of paragraph (2), he/she shall, ipso facto, be dismissed from office.
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Article 9 (Arbitral Tribunal) (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. Article 10 (Exclusion, etc., of Arbitration Commissioner) (1) If an arbitration commissioner falls under any of the following subparagraphs, he/she shall not perform his/ her duties: 1. In any case in which he/she or a person who is or was his/her spouse is a party to the relevant case (hereinafter referred to as "relevant case"); 2. In any case in which he/she is or was a blood relative of a party to the relevant case; 3. In any case in which he/she participates or participated in the relevant case as an agent of a party thereto; 4. In any case in which he/she participates in a report, etc., giving rise to the relevant case. (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. <Newly
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Inserted by Act No. 9425, Feb. 6, 2009> (5) A n 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 conciliation 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 conciliation 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. <Newly Inserted by Act No. 9425, Feb. 6, 2009> Article 11 (Secretariat) (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. <by Act No. 9425, Feb. 6, 2009> (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] Article 11-2 (Report on Activities of Arbitration Commission) The Arbitration Commission shall report the result of such activity to the National Assembly on a yearly basis by the end of February in the following year, and the National
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Assembly may, if necessary, request the attendance of the Chairperson or Secretary-General of an Arbitration Commission and hear opinions. [This Article Newly Inserted by Act No. 9425, Feb. 6, 2009> Article 12 (Financial Resources for Operation of Arbitration Commission) Operation of the Arbitration Commission shall consist of the Broadcasting and Communication Development Fund established under Article 36 of the Broadcasting Act, and the State may provide subsidies to the Arbitration Commission, to such an extent as the relevant budget permits. Article 13 (Legal Fiction as Public Officials in Application of Penal Provisions) The arbitration commissioners and the staff of the Secretariat shall be deemed to be public officials in applying the penal provisions of the Criminal Act or other Acts.
CHAPTER III REMEDIES FOR VIOLATIONS SECTION 1 R equests for Correction of News Reports, etc., made to Press Organization, etc. Article 14 (Conditions Necessary for Requests for Correction of News Reports) (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
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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. Article 15 (Exercise of Right to Require Relevant Press Organization to correct a News Report) (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
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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) I n 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: 1. In any case in which there is no legitimate interest on the part of the aggrieved party in exercising any right to require the said press organization to correct a news report. 2. In any case in which the contents of correction of a news report required of the said press organization are clearly contrary to fact; 3. In any case in which the contents of correction of a news report required of the said press organization are clearly illegal; 4. In any case in which a report on correction of a news report is required of the said press organization only for a commercial advertisement; 5. In any case in which the contents of a report on correction of a news report required of the said press organization are related to a factual report on a public meeting of the State, a local government or a public organization and on a public trial of a court. (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,
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but illegal contents shall be excluded. (6) C orrection 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. <Newly Inserted by Act No. 9425, Feb. 6, 2009> Article 16 (Right to Require Relevant Press Organization to Reply to a News 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) E xcept as otherwise provided in other Acts, the provisions of this Act concerning correction of news reports shall apply mutatis mutandis to a request for
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reply to news reports. Article 17 (Right to Require Relevant Press Organization to Make a Follow-Up Report) (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) E xcept 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. Article 17-2 (Special Provisions on Internet News Service) (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
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news report, etc., exist under paragraph (1), the articleproviding 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] SECTION 2 Conciliation Article 18 (Application for Submission to Conciliation) (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 conciliation. (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 conciliation. 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 conciliation 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 conciliation 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
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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 conciliation as provided by the rules of the Arbitration Commission. (6) The claimant may, while the conciliation 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. Article 19 (Conciliation) (1) C onciliation 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) Conciliation 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 conciliation 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 conciliation, 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 conciliation. The competent arbitral tribunal shall dismiss such application
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if deemed that such application is ill-founded and shall redetermine the date for conciliation and continue the conciliation if deemed that such application is wellfounded. (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 submitted to conciliation, 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 conciliation 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 Conciliation of Civil Disputes Act shall apply mutatis mutandis to conciliation. (10) T he procedure for conciliation, 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. Article 20 (Taking of Evidence) (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 conciliation, take evidence
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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 conciliation, 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 conciliation. (3) The head of the competent arbitral tribunal may, if necessary for expeditious conciliation, 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 conciliation. (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. Article 21 (Decision) (1) The competent arbitral tribunal shall reject an application for submission to conciliation if it is not made lawfully. (2) T he competent arbitral tribunal may dismiss an application for submission to conciliation 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 conciliation, such as the inability of the parties to reach an agreement, terminate the conciliation and make a decision on the failure thereof. Article 22 (Ex Officio Ruling on Conciliation) (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 wellfounded, the competent arbitral tribunal may, ex officio,
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make a ruling in lieu of the conciliation (hereinafter referred to as "ex officio ruling on conciliation") unless contrary to the facts supporting the application for submission to conciliation, 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 conciliation, notwithstanding the provisions of Article 19 (2). (2) An ex officio ruling on conciliation 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 conciliation 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 conciliation 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. Article 23 (Effect of Agreement, etc., by Conciliation) Any case falling under any of the following subparagraph shall have the same effect as a judicial settlement. (1) In any cases in which the parties reached an agreement in the course of or as a result of conciliation. (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 conciliation under Article 22(1). SECTION 3 Arbitration Article 24 (Arbitration) (1) Any dispute concerning a request for correction of a news report, etc., or compensation for injury may, at
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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 conciliation is pending. In this case, it shall be deemed that documents, assertions, or verification submitted during the proceedings of conciliation has been submitted during the proceedings of arbitration. (3) The provisions of this Act concerning conciliation 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. Article 25 (Effect, etc., of Arbitral Award) (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. <Newly inserted by Act No. 9425, Feb. 6, 2009> SECTION 4 Legal Proceedings Article 26 (Legal Proceedings in Respect of Request for Correction of a News Report, etc.) (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.
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(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. Article 27 (Trial) (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,
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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. Article 28 (Objection Procedures) (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. Article 29 (Priority Conduct of Legal Proceedings Related to News Report, etc.) A court of competent jurisdiction shall expeditiously conduct a trial for any damage caused by the news report, etc., in preference to other trials. Article 30 (Compensation for Injury) (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
Other Main Operations & Statistics on Conciliation and Arbitration Cases
ACT ON PRESS ARBITRATION AND REMEDIES, ETC., FOR DAMAGE CAUSED BY NEWS REPORTS
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. Article 31 (Special Provisions in Case of Defamation) A court of competent jurisdiction may order any person who defames other persons to take measures appropriate for the restoration of their reputation, such as the publication of a corrected statement in lieu of or together with compensation for injury at their request. SECTION 5 Recommendations for Correction, etc. Article 32 (Recommendations for Correction) (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) R ecommendations 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
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seven days after it is notified of such recommendation, make an application to the Arbitration Commission for rehearing. (6) T he 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. Article 33 Deleted. <by Act No. 9425, Feb. 6, 2009>
CHAPTER IV PENAL PROVISIONS Article 34 (Fine for Negligence) (1) A person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding 30 million won: 1. A person who neither has an ombudsman nor establishes ombudsman-related matters in violation of the provisions of Article 6 (1) or (4); 2. A person who neither broadcasts nor carries a corrected written statement, etc., in violation of the provisions of Article 15 (3) (including any case in which those provisions shall apply mutatis mutandis under other provisions); 3. A person who does not preserve the original or a copy of any news report published in violation of the provisions of Article 15 (7); 4. A person who does not preserve the original or a copy of news report published and the electronic record on the arrangement of such report in violation of the provisions of Article 15 (8). (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. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9425,
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Feb. 6, 2009>
ADDENDA <Act No. 10587, Apr.14, 2011> Article 1 (Enforcement Date) This Act shall enter into force on the date of its promulgation.
DEOKSUGUNG SEOUL METROPOLITAN COUNCIL
SEJONG CENTER FOR THE PERFORMING ARTS
CHOSUN ILBO SEOUL PLAZA HOTEL
1 2 CITY HALL STATION SEOUL CITY HALL
LOTTE DEPARTMENT STORE
5 Press Arbitration Commission
THE DONG-A ILBO
GWANG HWA MUN STATION KYOBO BOOK CENTRE
2 EULJI-RO IL-GA STATION
EULJI-RO
CHEONGGYE-RO
Tel / Fax 82-2-397-3114 / 82-2-397-3089 Address 15th Floor Press Center Building, 124, Sejong-daero, Jung-gu, Seoul, 100-750, Korea Directions Get off at City Hall Station on Line 1 or Line 2, come out through Exit 4 and walk 20m toward the Press Center. Get off at Kwangwhamun Station on Line 5, come out through Exit 5 and walk 300m toward the Press Center. This book is published through the Broadcasting and Communication Development Fund raised by Korea Communications Commission.
The date of issue October. 2014. The place of issue Press Arbitration Commission Designed by Inca Communications Producted by Inca Communications
15th Floor, Press Center Building, 124, Sejong-daero, Jung-gu, Seoul, 100-750, Korea Tel : 82-2-397-3114 Fax : 82-2-397-3089
www.pac.or.kr