언론보도에 의한 피해에 관한 소고

A Study on the Conflict of the Speech with the personal legal interests

The freedom of press can be one of the natural rights of man, which has two properties; a personal right as individual interest and a public right as the public good. In Korea, sufferers can bring a civil action against the damages caused by the news media. Even though the compensation for damage demanded by the sufferer is admitted by the court, the amount of damages isn’t enough to compensate the sufferer’s mental pain. Therefore the press arbitration commission cannot be so intensive as to restrain the mass media’s bad function. The discrepancy and friction between the two properties are shown as a disgrace and invasion of privacy. The personal right concept of sufferer himself is also important for recovering immediately the violated honor and reducing the disgrace by press.