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South Korea Court opens the door for unintentional data breach collective actions abroad

  • Baker & Hostetler LLP
  • -
  • South Korea
  • -
  • March 1 2013

On February 15, 2013, the Seoul Western District Court in South Korea issued a judgment in a collective consumer action against a South Korean

On December 27, 2012, the Supreme Court suggested criteria for recognition of damages resulting from personal information leakage

  • Yulchon LLC
  • -
  • South Korea
  • -
  • February 18 2013

GS Caltex Corporation recently prevaield in a landmark Supreme Court group action seeking compensation for damages incurred to bonus card members

Online service provider's liability for turning over user's personal information to law enforcement authority

  • Lee & Ko
  • -
  • South Korea
  • -
  • January 31 2013

On October 18, 2012, the Seoul High Court reversed a trial court's decision, by ruling that NHN, the largest online service provider ("OSP"

Constitutional Court holds that "Online Real-Name Rules" are unconstitutional

  • Yoon & Yang LLC
  • -
  • South Korea
  • -
  • September 4 2012

The Constitutional Court of Korea unanimously held that the so-called "Online Real-Name Rules," as set forth under Article 44(5), Section 1(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection (the "Act") and Articles 29 and 30(1) of the Enforcement Decree of the Act, which requires an information service provider that operates an Internet forum to verify the user's real name prior to granting such user access to its Internet forum, are unconstitutional because such rules violate the Internet forum user's freedom of expression and the right to such user's discretion regarding hisher personal information as well as the information service provider's freedom of press

Korean court acknowledges Microsoft abused its dominant position, yet strikes out follow-on damages claims

  • Norton Rose LLP
  • -
  • South Korea
  • -
  • October 15 2009

On 11 June, the Seoul District Court dismissed for lack of evidence claims for damages by two Korean software companies against Microsoft totalling ?40 billion (around $32 million) for alleged abuse of dominance

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