Enforcement Decree Of The Act On Press Arbitration And Remedies, Etc. For Damage Caused By Press Reports


Published: 2009-08-05

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 Article 1 (Purpose)   print
The purpose of this Decree is to provide for those matters which are delegated by the Act on Press Arbitration and Remedies, etc. for Damage Caused by Press Reports and are necessary for the enforcement thereof.
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 Article 1-2 (Publications Excluded from Internet News Service)   print
"other electronic publications as prescribed by Presidential Decree" in the proviso to subparagraph 18 of Article 2 of the Act on Press Arbitration and Remedies, etc. for Damage Caused by Press Reports (hereinafter referred to as the "Act") means electronic publications which a business operator other than a supplementary communications business operator under Telecommunications Business Act continues to provide or intermediate press articles through the Internet.
<Newly Inserted by Presidential Decree No. 21663, Aug. 5, 2009>
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 Article 2 (Publication of Matters Related to Ombudsman)   print
A press organization shall, if it intends to publish the qualification, the status of activities, etc. of an ombudsman belonging thereto in pursuant to Article 6 (4) and (5) of the Act, do so in such a manner as to include such qualification, status of activities, etc. in a newspaper issued or Internet site managed by that organization. <Amended by Presidential Decree No. 21663, Aug. 5, 2009>
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 Article 3 (Commission, etc. of Successor of Arbitration Commissioner Resigning from His/Her Office)   print
(1) If an arbitration commissioner who belongs to the Press Arbitration Commission established under Article 7 (1) of the Act (hereinafter referred to as the "Arbitration Commission") resigns from his/her office or retires therefrom ipso facto, the Minister of Culture and Tourism shall commission a successor within thirty days after such resignation or retirement.
(2) The term of office of a successor shall be the remainder of his/her predecessor''s term of office.
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 Article 4 (Payment of Allowances, etc. to Arbitration Commissioners)   print
Allowances and other expenses determined by the Arbitration Commission shall, by virtue of the proviso of Article 7 (10) of the Act, be paid to the arbitration commissioners, to such an extent as the relevant budget permits.
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 Article 5 (Methods, etc. of Application for Exclusion or Challenge)   print
(1) A person who intends to make an application for exclusion of or challenge to an arbitration commissioner or a staff member participating in conciliation under Article 10 (2), (3) and (7) of the Act shall do so either in writing to an arbitral tribunal to which the arbitration commissioner belongs or to that which has jurisdiction over the relevant case, or orally after presenting himself/herself on the date for conciliation or arbitration. <Amended by Presidential Decree No. 21663, Aug. 5, 2009>
(2) In case of making an application for exclusion or challenge under paragraph (1), the reasons therefor shall be specified.
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 Article 6 (Rejection, etc. of Application for Exclusion or Challenge)   print
(1) If an application for exclusion or challenge is contrary to the methods of application under Article 5, or if it is obvious that such application aims to delay conciliation, etc., an arbitral tribunal falls under any of following cases shall reject it by decision. <Amended by Presidential Decree No. 21663, Aug. 5, 2009>
1. In cases of an application for exclusion: an arbitral tribunal to which any relevant arbitration commissioner or staff belong;
2. In cases of an application for challenge: an arbitral tribunal which the Chairperson of the Arbitration Commission nominates pursuant to Article 10 (4).
(2) An excluded or challenged arbitration commissioner or staff member participating in conciliation may present his/her written opinion concerning an application for such exclusion or challenge. <Amended by Presidential Decree No. 21663, Aug. 5, 2009>
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 Article 7 (Suspension of Conciliation, Arbitration, etc.)   print
(1) If an application for the exclusion is made under Article 10 (2) of the Act, an arbitral tribunal to which the arbitration commissioner involved belongs shall suspend the conciliation or arbitration until an decision on such application is made.
(2) If an application for the exclusion or challenge is made under Article 10 (2) and (3) of the Act, the period from the date of such application to that of a decision thereon shall not be included in the conciliation disposal period and the ex officio conciliation disposal period under Article 19 (2) and the latter part of Article 22 (1) of the Act.
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 Article 8 (Consultation on Budget, etc.)   print
In preparing the budget and service plans requiring subsidies from the National Treasury in accordance with Article 12 of the Act, the Arbitration Commission shall consult with the Minister of Culture and Tourism in advance. <Amended by Presidential Decree No. 21663, Aug. 5, 2009>
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 Article 9 (Perusal of Report, etc.)   print
(1) A person who suffers any damage due to a report or medium (hereinafter referred to as "press report, etc.") conducted by the press, an Internet news service, or an Internet multimedia broadcasting may, for the purpose of requiring the relevant press organization, etc. to report a corrected statement under the main sentence of Article 14 (1) of the Act, make an application to such press organization, etc. for any perusal or duplicate of the original or copy, or electronic records on the arrangement, of the relevant press report, etc. published by the relevant press, Internet news service provider, or Internet multimedia broadcasting business operator (hereinafter referred to as "press organization, etc,")
(2) A press organization, etc. which receives an application under paragraph (1) shall comply therewith, unless a person who suffers any damage requests any perusal or duplicate of materials irrelevant to such damage, or any other justifiable reason exists to the contrary. In this case, expenses incurred in making any duplicate thereof may be paid to the press organization, etc, which shall include standards for determination of such expenses in its Internet site.
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 Article 10 (Methods of Notification on Whether to Accept)   print
The representative of the relevant press organization, etc. shall, if he/she gives a notice on whether to accept a request for a report on a corrected statement under the former part of Article 15 (2) of the Act, do so by any speedy means, such as an e-mail or domestic mail of special grade.
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 Article 11 (Contents of Written Consultation)   print
The consultation on the contents, prominence, etc. of a report on a corrected statement under Article 15 (3) of the Act shall include the frequency of the report and the page or broadcast program in which the written report is included, in addition to the contents and size of the written report to be published.
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 Article 11-2 (Preservation of Records on Arrangement of Online/Internet-based Newspapers and Internet News Services)   print
(1) Any electronic record on reports on an online newspaper or Internet news service which is subject to preservation in accordance with Article 15 (8) of the Act shall be any electronic record on articles falling under any of following:
1. In the case of an online newspaper business operator: Articles on the front page of the relevant online newspaper site;
2. In the case of an Internet news service provider: Articles falling under any of following items:
(a) Articles on the front page of the Internet news service provided by the relevant Internet news service provider;
(b) Articles on the front page which is located on the top level of the linked pages of a site in which the relevant Internet news service provider links articles of the press and provides them comprehensively
(2) Regarding any article under paragraph (1), any electronic record shall include each of the following:
1. The name of a relevant press organization;
2. The location on arrangement of articles in a relevant page:
3. The very first time shown on the page and the time a relevant article deleted.
(3) Any person who has an obligation to preserve electronic records on arrangement pursuant (1) and (2) shall be an online newspaper business operator or Internet news service provider who provide a relevant service of which the number of users is more than 10.000 daily average users during the immediately preceding three months as of the end of the previous year.
[This Article Newly Inserted by Presidential Decree No. 21663, Aug. 5, 2009]
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 Article 12 (Application for Submission to Conciliation by Electronic Documents, etc.)   print
(1) A person who intends to make an application for the submission to conciliation by means, such as electronic documents, etc., under Article 18 (3) of the Act shall submit the application created by a computerized information processing system. <Amended by Presidential Decree No. 21663, Aug. 5, 2009>
(2) An application submitted through a computerized information processing system under paragraph (1) shall be considered to be registered at the time the electronic record of such application is created in the computerized information processing system. <Amended by Presidential Decree No. 21663, Aug. 5, 2009>
(3) The Arbitration Commission shall establish and manage an computerized information processing system which is needed to manage and use electronic documents, etc. under paragraph (1).
(4) The Chairperson of the Arbitration Commission may request an applicant who has made his/her application for submission to conciliation under paragraph (1) to submit materials to verify the applicant''s identity. <Amended by Presidential Decree No. 21663, Aug. 5, 2009>
(5) Matters necessary for an application for submission to conciliation, management and use of electronic documents, and operation of a computerized information processing system other than provisions under paragraphs (1) through (4) shall be prescribed by the rules of the Arbitration Commission. <Amended by Presidential Decree No. 21663, Aug. 5, 2009>
[This Article Newly Inserted by Presidential Decree No. 21663, Aug. 5, 2009]
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 Article 13 (Failure of Agreement)   print
The term "the date on which an agreement between the aggrieved party and the relevant press organization, etc results in an unfavorable outcome" used in Article 18 (3) of the Act means the date on which the aggrieved party receives a document stating clearly that the relevant press organization, etc. rejects his/her request. <Amended by Presidential Decree No. 21663, Aug. 5, 2009>
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 Article 14 Deleted.<by Presidential Decree No. 21663, Aug. 5, 2009>   print
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 Article 15 (Withdrawal of Application for Submission to Arbitration)   print
(1) A person who makes an application for the submission to arbitration may withdraw all or part of such application with the consent of the other party until an arbitral award is made.
(2) A person who makes an application for the submission to arbitration shall, if he/she intends to withdraw such application, submit a document stating the fact that the other party consents to such withdrawal to the competent arbitral tribunal.
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 Article 16 (Methods of Recommendations for Correction)   print
The Arbitration Commission shall, if it issues recommendations for correction under Article 32 (1) of the Act, shall do so by a document specifying the following matters: <Amended by Presidential Decree No. 21663, Aug. 5, 2009>
1. Name of a press organization to which recommendations for correction may be issued and of its representative;
2. Program, title, date and page (limited to a newspaper, and a periodical, including a magazine) of a press report the correction of which may be recommended; and
3. Reasons for recommendations for correction.
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 Article 17 (Correction Recommendation Subcommittee)   print
(1) Under the Arbitration Commission, there shall be established a correction recommendation subcommittee to deliberate on the matters relating to recommendations for correction under Article 32 (1) of the Act.
(2) The correction recommendation subcommittee under paragraph (1) shall be composed of seven arbitration commissioners elected by the Arbitration Commission, including the Chairperson. <Amended by Presidential Decree No. 21663, Aug. 5, 2009>
(3) The correction recommendation subcommittee shall meet at least once a month, and a two-thirds majority of the members thereof shall constitute a quorum and its decisions shall be taken by a simple majority of the members present.
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 Article 18 Deleted.<by Presidential Decree No. 21663, Aug. 5, 2009>   print
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 Article 19 (Rehearings on Recommendations for Correction)   print
(1) A press organization which makes an application for rehearing under Article 32 (5) of the Act shall submit a rehearing application to the Arbitration Commission. <Amended by Presidential Decree No. 21663, Aug. 5, 2009>
(2) A rehearing application referred to in paragraph (1) shall state the name of a person who makes an application for rehearing and a concrete reason to make the application clearly. <Amended by Presidential Decree No. 21663, Aug. 5, 2009>
(3) An application for rehearing under paragraph (1) may be made in writing or by means of electronic documents, etc. In this case, where an applicant intends to make his/her application by means of an electronic document, such applicant shall use a computerized information processing system established pursuant to paragraph 12 (3). <Amended by Presidential Decree No. 21663, Aug. 5, 2009>
(4) Matters necessary for rehearings regarding recommendations for correction other than provisions under paragraph (1) through (3) shall be prescribed by the rules of the Arbitration Commission. <Amended by Presidential Decree No. 21663, Aug. 5, 2009>
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 Article 20 (Methods, Procedures, etc. of Recommendations for Correction)   print
Except as provided in this Decree, the detailed methods and procedures of recommendations for correction and other necessary matters shall be provided for by rule of the Press Arbitration Commission.
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 Article 21 (Imposition of Fines for Negligence)   print
(1) Standards for imposition of fines for negligence under Article 34 (1) of the Act shall be as in the attached Table.
(2) The Minister of Culture and Tourism shall, if he/she imposes a fine for negligence under paragraph (1), may increase or reduce an amount up to 1/2 of the relevant fine for negligence in the attached Table by considering the degree of the violation, frequency thereof, cause and effect of such violation, etc.: in the case of an increasement, the amount of a fine shall not exceed the maximum of a fine for negligence under Article 34 (1) of the Act.
[This Article Newly Inserted by Presidential Decree No. 21663, Aug. 5, 2009]
ADDENDA
(1) (Enforcement Date) This Decree shall enter into force on July 28, 2005.
(2) (Transitional Measures concerning Correction Recommendation Subcommittee) A correction recommendation subcommittee which has already been established in accordance with the Enforcement Decree of the Registration, etc. of Periodicals Act at the time when this Decree enters into force, shall be deemed to be established in accordance with this Decree.
ADDENDA<Presidential Decree No. 20676, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM<Presidential Decree No. 21663, Aug. 5, 2009>
This Decree shall enter into force on August 7, 2009.