언론중재위원회 손해배상 제도의 기능과 효율성에 관한 연구

초록

This study aims to examine whether or not the Press Arbitration Commission’s damage compensation settlement mechanism is properly working. In order to do this, analyses of a total of 2,633 damage compensation cases handled by the Press Arbitration Commission(PAC) from 2012 to 2014 were conducted. The study also carried out in-depth interviews with the case applicants, the respondent, and those concerned with the PAC. The study found out that the mechanism was being utilized more as a tool to settle for corrections or reply rather than as a way to serve ‘fundamental purpose’ of monetary compensation to claimants. In order to ensure the PAC serves a ‘fundamental use,’ the gap between the damage compensation claim and the settlement amount has to be narrowed. It is not an easy matter to raise the settlement amount under the current system, so preventing excessive damage claims is the realistic approach. The PAC should guide claimants so that they cannot not file suits in exorbitant amounts and should consider levying fees and charges to applicants. In addition, rather than pushing for settlement, the PAC should take a bolder stance in dismissing claims or declaring a failure to settle.

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