[Q&A] “Coupang Korean victims can file a U.S. lawsuit in parallel without any additional costs.”
"us court 'discovery' Disclosure of internal data according to procedures 'smoking gun'""Insufficient internal control system, Important litigation issues such as follow-up response process" 3370A class action lawsuit is being filed against Coupang's U.S. headquarters, which caused 10,000 personal information leaks.. Daeryun Law Firm is leading the litigation. "Information leakage itself is also a problem., Management's failure to make judgments during the post-action response process is also an important litigation issue and responsibility will be pursued until the end."said.Daeryun’s U.S. subsidiary 'SJKP LLP'Is 8Day(local time) One World Trade Center, Manhattan, New York, USA(1WTC) my SJKP At a press conference held at the office, Coupang's U.S. headquarters 'Coupang I&C(Inc.)'The legal basis for the lawsuit for damages against was explained as follows..Daeryun’s side "If you delegate the Korean lawsuit, the U.S. lawsuit will automatically proceed in parallel."While, US courts (plaintiff's) than nationality 'Who gave the cause?'considers important. Of course, Korean residents are also eligible to be plaintiffs."and said.Daeryun’s side "Plaintiff, the minimum requirement to file a lawsuit 40Beyond the number of people to the present 200secured more than"as "In order to clearly persuade the court, we plan to gather victims not only in Korea but also around the world to increase the scale and submit the complaint within the year."said.In particular, Daeryun's side recommends that Korean victims file lawsuits in the U.S. in parallel, and that Daeryun's side requests discovery of evidence in U.S. courts.(Discovery) I chose the system. There are realistic limits to the ability of Korean investigative agencies to search and seize internal materials of the U.S. headquarters, so if a U.S. lawsuit proceeds, the headquarters' board of directors meeting minutes will be used through the evidence discovery process., Security Investment Decision History, Secret internal data, such as reporting systems, can be forcibly disclosed, which is a key part of litigation. 'smoking gun'emphasized that this could be.Next are Kim Kuk-il, CEO of Daeryun Management, and New York Attorney Son Dong-hoo., Tal Hirshberg(Tal Hirshberg) This is a Q&A conducted with New York State attorneys and others..―When a victim who applies for a Korean lawsuit files a U.S. lawsuit simultaneously, Are there any separate costs?.▶does not occur. If you delegate the Korean lawsuit, the U.S. lawsuit will automatically proceed in parallel., There is no separate deposit or additional cost for this.. The same applies to U.S. citizens who must pursue U.S. lawsuits alone.. a U.S. citizen SJKP Apply through the law firm website or, Even if you only file for a U.S. lawsuit through the Korean law firm Daeryun website, the cost is completely free.. This lawsuit is the first case filed in New York led by a Korean law firm., We plan to proceed systematically, step by step, without burdening the victims..―The amount of damages in Korea is small.(30only10010,000 won)It's just. US punitive damages(Punitive Damages) The expected size of the claim is.▶The amount awarded by Korean courts is far too low compared to the pain suffered by victims.. On the other hand, the United States has a structure in which not only those who file lawsuits but also all victims who prove damage can receive compensation., Its scale is incomparably larger than that of Korea.. In particular, punitive damages go beyond simple compensation. "You shouldn't run a business like this."has the meaning of sounding an alarm. If the court recognizes Coupang’s malice or gross negligence, An astronomical compensation ruling could result..―The actual damage from information leak occurred in Korea.. Is it possible to file a lawsuit against a U.S. corporation?.▶It's quite possible. Shares of Coupang Corporation 100%The parent company that owns is a Delaware corporation in the United States. 'Coupang(Coupang Inc.)'am. Server Management, personnel system, The entity that oversees internal control, etc. is the head office.. Even if the damage occurred in Korea, We will hold the Delaware parent company directly accountable for the fact that the headquarters management who designed and managed the security system is avoiding responsibility without taking appropriate measures..―The specific legal basis for this class action lawsuit is.▶There are two key points. first, Insufficient data monitoring and internal control systems. second, After the incident occurred, there was no recognition or recovery action from the headquarters level.. Information leakage itself is also a problem., Management judgment during follow-up response process(Business judgment & fiduciary duty) Failure is also an important litigation issue.. We will pursue responsibility for this until the end..―There also seem to be securities law issues, such as violation of disclosure obligations., The reason for filing a consumer lawsuit first rather than an investor lawsuit is.▶It's a strategic choice. Delaware courts have traditionally been very pro-business.(corporate-friendly)The threshold for shareholder lawsuits is high due to the propensity for. So we have users in New York, etc.(consumer) First, file a lawsuit focusing on the damage and secure jurisdiction., Small intestine correction(Amendment)We will adopt a strategy to expand the scope to include shareholder damage through.―What is the situation for victims in the U.S. and abroad?.▶Coupang’s parent company is a British e-commerce company. 'farfetch(Farfetch)' acquired user data in North America and Europe., in korea R.LUXIt is doing business under the name. It is very likely that their information was also leaked during the system linking process.. We are currently securing victims in North America and Europe., We plan to report the global damages, including these, in the complaint..―How are Korean criminal charges and U.S. civil lawsuits connected?.▶Korean lawsuits are judged to focus on information leaks that occurred in Korea and damage to domestic consumers., U.S. litigation is the responsibility of the higher-level U.S. headquarters for management and supervision., In other words, it has the nature of questioning the failure of governance at the global level.. Coupang's ultimate decision-making body is the U.S. headquarters., Considering that the board of directors and management have exercised key authority over security and risk investments, reviewing legal liability in the United States is essential.. In addition, there are a significant number of US citizens, permanent residents, and users residing in the US., Separate procedures for recovering damages in the United States are also necessary.. As a result, the perspectives and legal principles of the lawsuits in the two countries are different., have a complementary relationship with each other.―Do Korean consumers have to file a Korean lawsuit in order to participate in a U.S. lawsuit?.▶American courts are more important than nationality. 'Who gave the cause?'considers important. Therefore, Korean residents are naturally eligible to be plaintiffs.. but, It is strategically advantageous to secure specific damage proof materials through Korean litigation, so it is strongly recommended to carry out litigation in both countries simultaneously.. Proceeding exclusively with U.S. lawsuits is limited to special cases, such as U.S. citizens..―What is the benefit of filing a lawsuit in both Korea and the United States when the victim is the same?.▶The biggest reason is that the U.S. 'discovery(Discovery·discovery)' Because of the system. There are realistic limits to the ability of Korean investigative agencies to search and seize internal data from the U.S. headquarters.. However, if the U.S. lawsuit proceeds, the headquarters' board of directors meeting minutes will be obtained through the discovery process., Security Investment Decision History, Confidential internal data, such as reporting systems, can be forcibly disclosed.. This is the core of this lawsuit 'smoking gun'this will be. ―When is the time to file a complaint?.▶Plaintiff, the legal minimum requirement to file a lawsuit 40Recruitment has already been achieved (today 200Secure more than 100 people). You can submit it as soon as tomorrow, but, The timing is being adjusted for strategic reasons.. first, Only by gathering victims not only in Korea but all over the world and increasing the scale can we truly persuade the U.S. courts.. second, This is because of litigation strategy security.. The specific date is being kept private to prevent other law firms from excessively intervening or imitating the strategy and causing confusion to victims.. but, The goal is within the year(12during the month) There is no change in submission.―The total size of the lawsuit 7billion dollars(approximately 1trillion won)Even if I say that, all victims 3000Divide by 10,000 people 1per person 2only3It's only about 10,000 won. Is actual damage recovery possible?.▶not so. Settlement of U.S. class action lawsuit(Settlement)are not all victims, Plaintiff who participated in the actual lawsuit(Class members)It is common to calculate and distribute. Therefore, the amount received by those who did not participate in the lawsuit is different from those who did.. past AT&T At the time of similar information leakage incidents such as 1per person 60I remember receiving compensation of about 10,000 won.. Of course, in this case, Since the amount of damage or number of plaintiffs has not yet been confirmed, it is currently difficult to say in detail the expected amount of compensation., It is expected that the amount of compensation will be higher than the typical amount of compensation that can be received in Korean lawsuits..―Has it been confirmed that the US headquarters has access to the Korean server?.▶Delaware corporation through in-house research(head office)We have identified the circumstances under which this Korean system is being managed.. However, conclusive physical evidence for this(server logs, etc.)In order to secure court discovery(Discovery) Procedure is necessary. This is why we file lawsuits. Only when a lawsuit is initiated can internal data be secured to prove the head office's management responsibility through legal enforcement..―What is the key basis for determining that U.S. courts have jurisdiction?.▶of the incident 'transnational(Multinational)' It's because of personality. Headquarters in the United States(delaware), Platform services in Korea, And the security development company is China(shanghai)It is located in. Since this is a 'borderless' data breach case in which the perpetrator, victim, and management system span multiple countries, it is appropriate for the U.S. federal court, rather than a specific regional court, to deal with it comprehensively. -What are the specific charges (Cause of Action) that will be specified in the complaint? ▶There are three major types: △Data Breach, △Violation of Consumer Protection Act, and △Violation of Security Duty. Although there are issues of violation of shareholders' disclosure obligations (Securities Act), we plan to apply consumer-related charges first to focus on protecting victims, and will adopt a strategy of adding or merging charges (multi-district litigation) during future litigation proceedings. Correspondent Ryu Jeong-min (ryupd01@news1.kr)[View full article]
[Q&A] “Coupang’s Korean victims can pursue U.S. lawsuits simultaneously at no additional cost” (Shortcut)
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