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When the Ministry of Justice announced the 23rd amendment to the Trade Law allowing companies to compensate damages for willful or gross negligence, media companies protested fears of reducing freedom of expression. However, civic media groups believe that the punitive damage compensation system does not have a significant impact, as compensation from the media company itself, which is currently recognized by the court, is not significant. : //omn.kr/1p1ca)
Yoon Yeo-jin, executive director of the Center for Human Rights in Journalism, said on the 24th: “The current legislation stipulates punitive damages three to five times, but I don’t think it is ‘punitive.’ He pointed out that it is necessary for the legislation to increase it in a realistic way.
Average damages from media companies are less than 20 million won … more than half of them are less than 5 million won.
real <오마이뉴스>Published annually by the Media Arbitration Committee <언론판결분석보고서>Based on the analysis of damages claims against media companies from 2008 to 2019, the average amount of damages claims over 12 years was approximately 244.54 million won, but the quoted average amount accepted by the court It was approximately 19.39 million won, or 8%. It was just level.
In Moon Jae-in’s administration, the amount decreased even more, and the average billing amount for three years from 2017 was about 153.99 million won, and the average summons amount was about 12.45. million won.
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| ▲ Trend in claims and average summons for damages claims against media companies over 12 years from 2008 to 2019 (Source: Media Arbitration Committee) | |
| Ⓒ Kim Siyeon |
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Of the 272 cases of claims for damages against the media in 2019, 93 cases were won, which represents only 34.2%, a third of the cases. The average turnover amount was approximately 138.49 million won, but the average amount quoted was 14.64 million won, which was only 1/10. In a report on the side effects of drugs carried out by a medical specialty outlet, only 6 cases (6.4%) were recognized for damages exceeding KRW 50 million and 50 cases (53.8%) exceeded 50 million by KRW. Crossed.
In 2018, the highest amount of compensation for property damage caused by article type advertisements was 427.3 million won, but only 3 cases (2.1%) exceeded 50 million won, and 93 cases they accounted for 66% of those with less than 5 million won. In 2017, the average summons amount was 8.35 million won, less than 10 million won.
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| ▲ Distribution of the recognized amount of claims for damages against media companies during 3 years from 2017 to 2019 (Source: Media Arbitration Committee) | |
| Ⓒ Kim Siyeon |
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High-ranking officials get a recognized rate – the number is less than ordinary people … ‘corporate power’ is a bigger problem
Press organizations such as the Korea Journalists Association, the Korea Newspapers Association, and the media union are concerned that the introduction of punitive damages could weaken the vigilance of powers such as high-ranking public officials, politicians, and state agencies. .
However, over the past three years, the win rate of high-ranking public officials and the amount quoted for damages was lower than that of the general public. Of the 63 cases filed by senior officials last year, the plaintiffs won 16 cases, with a win rate of just 25.4%, and the average summons amount was approximately 6.94 million won. On the other hand, the general public was 40 out of 84 cases with a 47.6% success rate, and the average citation amount was 9.74 million won. Among “public figures,” politicians won 6 out of 8 and the win rate was 75%, but the median amount quoted was only 3.17 million won.
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| ▲ Profit rate and recognition amount for each claimant in the case of claiming damages from media companies in 2019 (Source: Media Arbitration Committee) | |
| Ⓒ Media Arbitration Committee |
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In 2018, the win rate was similar to the 40% range, but the average citation for senior officials and civil servants was 4.2 million won and 7.2 million won, respectively, while the average amount cited for the public in Overall it was 13.87 million won, which was 2-3 times higher.
In 2017, the win rate of high-ranking civil servants reached only 14.3%, with 2 out of 14 cases, while the general public won 61 out of 117 cases, reaching 52.1%. The average citation amount also differed more than four times, from 1.5 million won to 6.89 million won.
Among the organizations, there were 0 compensation cases for damages brought by state agencies in 2019, with the highest number of companies with 34 cases. Among them, the company won 11 cases (34%) and the average summons amount reached 4.457 million won. In 2018, 12 companies earned an average of 33.66 million won, and there was no case that a national agency or local government won. In 2017, companies won 7 of 15 cases (46.7%) and the average summons amount was 34.91 million won, the highest among organizations.
Most cases of damages claims against media companies were related to defamation, and public figures such as high-ranking public officials or politicians were more likely to win, and private corporations and organizations were more likely to win than public officials or local governments.
According to the media pointed out that the punitive damage compensation system is a bill for the powerful, said director Yoon Yeo-jin, “Reports on officials and autographs should be separate.” It should be applicable to reports that have not adequately confirmed the defamation or facts about the autograph. “
“The punitive damages compensation system is a remedy to protect media consumers,” said Shin Mi-hee, general secretary of the Federation of Citizens for Democratic Media. He pointed.
