지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
The right of reply aims at maintaining the balance between the unrestricted activities of the press in collecting and reporting news and the individual's legal protection. The purpose of this study is to analyse and evaluate a strategic avoidance and a reverse use in exercising the right of reply. This study have three research questions: 1) Who brings a lawsuit of claiming a refuting report against broadcasting stations?; 2) Does the result of the lawsuit make a contribution to an ultimate purpose of the right of reply?; 3) What are the characteristics of the judicial decision in the lawsuit? Twenty-nine cases are sampled and analysed in this study.
The findings of this study can be summarized as follows: 1) The percentage of being decided in favor of plaintiffs were higher in the lawsuits against broadcasting stations than in those against other media; 2) This study revealed that a man of power or powerful groups can abuse the right of reply. While among 29 lawsuits, only four cases were brought by the private individual, the rest of them were submitted by powerful groups, politicians, public officials and public figures; 3) The request of a plaintiff was considered as 'rightful interests', even if the plaintiff were suspected of a strategic avoidance and a reverse use of the right of reply; 4) The average days taken to reach the first judgement from the happening were 266 days, while there were no cases that had done from the first judicial decision to a refuting report within three months. There-fore, a refuting report should be reserved until the final judgement. Based on these findings, I suggest that a court of justice should guarantee the press the right of refusing a refuting report, if plaintiffs avoid the use of the right of reply at the beginning and go to law in the end. Another suggestion is that broadcasting stations should broadcast programs to introduce the right of reply and the characteristics of the lawsuit. Finally, the press including producers and reporters should recognize and adjust a recent shift of a legal environment surrounding the press, especially lawsuits against mass media.
The findings of this study can be summarized as follows: 1) The percentage of being decided in favor of plaintiffs were higher in the lawsuits against broadcasting stations than in those against other media; 2) This study revealed that a man of power or powerful groups can abuse the right of reply. While among 29 lawsuits, only four cases were brought by the private individual, the rest of them were submitted by powerful groups, politicians, public officials and public figures; 3) The request of a plaintiff was considered as 'rightful interests', even if the plaintiff were suspected of a strategic avoidance and a reverse use of the right of reply; 4) The average days taken to reach the first judgement from the happening were 266 days, while there were no cases that had done from the first judicial decision to a refuting report within three months. There-fore, a refuting report should be reserved until the final judgement. Based on these findings, I suggest that a court of justice should guarantee the press the right of refusing a refuting report, if plaintiffs avoid the use of the right of reply at the beginning and go to law in the end. Another suggestion is that broadcasting stations should broadcast programs to introduce the right of reply and the characteristics of the lawsuit. Finally, the press including producers and reporters should recognize and adjust a recent shift of a legal environment surrounding the press, especially lawsuits against mass media.
목차
1. 문제제기
2. 반론권의 전략적 회피
3. 분석결과
4. 결론 및 제언
참고문헌
ABSTRACT
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