Evidence Discovery System (International Cooperation)

The evidence discovery system is used as a key procedure for overcoming the jurisdictional limits of Korean courts when defamation harm occurs through an overseas platform.

This is because platforms with overseas servers, such as YouTube, Instagram, and X (formerly Twitter), are not directly subject to the orders of Korean courts.

For this reason, you must petition a U.S. court for 'pre-action discovery' in order to secure the perpetrator's IP address, email, and registration information.

Once identification becomes possible through such international cooperation, you can then link it to domestic legal measures in Korea, such as a criminal complaint and a claim for damages.

Responding to Defamation Through Discovery

On platforms based on overseas servers, the greatest difficulty is that it is hard to verify the perpetrator's real name.

For this reason, the 'procedure for identifying an anonymous perpetrator' becomes the starting point of relief for the victim.

The evidence discovery system is precisely the lawful international cooperation procedure that makes this step possible.

Using the U.S. courts' pre-action discovery system, you can secure the following information from the platform operator.

Examples of Information That Can Be Secured

This information is submitted to Korean courts and leads to criminal complaints or damages claims for copyright infringement, digital sex crimes, and the like.

It begins with a procedure to secure evidence with the cooperation of a U.S. court for an overseas server platform that the orders of Korean courts do not reach.

To this end, under the civil procedure rules of each U.S. state (CPLR §3102(c)) or Rule 45 of the Federal Rules of Civil Procedure (Subpoena), a 'pre-action discovery' petition is filed.

If the court finds the victim's petition reasonable and necessary, it issues an order to the platform's head office (Google, Meta, X, etc.) to submit identity information (Subpoena).

The information that can be secured through this procedure includes the IP address, login records, email address, and the subscriber's name and registration information, which serve as key evidence for identifying the perpetrator in domestic defamation and other crimes.

It usually takes the platform about 3 to 6 weeks to review the court order and respond, and for complex matters it can take several months.

The next step is to file a petition (Petition) directly with a U.S. court and, with the court's permission, serve a subpoena (Subpoena) on the platform's head office.

When petitioning, you must prove that a trial under way or planned abroad is substantial, which is mainly demonstrated by attaching a plan for a complaint or damages lawsuit in Korea for defamation, insult, digital sex crimes, and the like.

Once the court grants permission, the platform's legal team reviews the court order and then submits the information that falls within the scope of the order.

During this process, the court also considers whether there is any infringement of the parties' privacy or any excessive restriction on freedom of expression, so legal persuasiveness is important at the petition stage.

In particular, the spread of false information, sexual insults, and expressions intended to humiliate children are treated as serious crimes within the United States as well, so information tends to be provided quickly.

Once the perpetrator's identity information, such as the IP address or email, is secured through the evidence discovery system, you can file a criminal complaint or a civil damages lawsuit in a Korean court based on that material.

In Korea, based on that information, you can identify the defendant and hold them liable for defamation, insult, and infringement of the right of likeness and intellectual property rights, and practical relief measures such as deletion of videos or suspension of posting are also possible.

Such an international cooperation procedure goes beyond simply securing the perpetrator's identity and serves as the link that enables an effective decision by a Korean court.

In other words, the evidence discovery system is the key means of making real the relief that was impossible because of the closed information-access structure of overseas platforms.

The evidence discovery system is particularly specialized in protecting the reputation rights of influencers and creators who operate on overseas platforms such as YouTube, TikTok, and Instagram.

As in the recent 'Taldeok Suyongso' case, acts in which SNS accounts hosted on overseas servers spread false information or continuously attack the private life of a particular influencer are increasing.

The key issue in this case was the conflict between the 'anonymity protection policy of the overseas platform operator' and the 'protection of the domestic victim's right to reputation.'

In an actual case, the victim went through a discovery petition (Pre-Action Discovery) procedure via a U.S. court, secured the perpetrator's account registration information and IP address, and then linked it to a criminal complaint and a damages claim in Korea to bring about practical relief.

Analysis of the Taldeok Suyongso Case

In this way, this system functions not as a simple request for information but as a practical 'procedure for identifying the perpetrator' through international cooperation, and it is becoming an effective means of responding to defamation in Korea.

Daeryun's Role

Drawing on the practical know-how accumulated in similar cases, our firm supports responses to online reputational harm and provides an integrated response solution covering the deletion of content by the channel operator, blocking of posts, and legal measures.

Beyond defamation, the evidence discovery system also plays an important role in digital sex crimes and cases involving the distribution of illegally filmed material targeting children.

In particular, for illegal videos or images uploaded to overseas servers, it is difficult for domestic investigative agencies to secure the materials directly, so verifying the perpetrator's account and upload path through a subpoena (Subpoena) from a U.S. court becomes a key procedure.

In particular, for the distribution of child and youth sexual exploitation material (CSAM), it is classified as a 'serious crime' within the United States as well, so court orders and platform cooperation tend to be carried out quickly.

Through this, you can link not only IP tracing and account blocking but also orders to delete videos and block redistribution, making practical recovery from harm possible.

Daeryun Law Firm provides integrated support covering applications for victim protection orders, procedures to delete and block videos, and criminal complaints against perpetrators, offering comprehensive, victim-centered legal services.

The evidence discovery system has recently been widely used in intellectual property (IP) infringement cases as well, such as disputes over trademark rights, copyright, and publishing contracts.

In particular, cases of unauthorized appropriation of product images, trademarks, and copyrighted works on overseas marketplaces such as Amazon, eBay, and Etsy, or attempts at illegal copying and resale, are increasing.

In such cases, the victim can file a discovery petition with a U.S. court to secure key information such as the seller's account, payment history, and transaction records.

The materials secured in this way are then linked to a claim to prohibit copyright infringement, a damages lawsuit, and a criminal complaint in Korea, achieving practical protection of rights.

Daeryun Law Firm has many attorneys experienced in intellectual property rights and can provide practical response strategies that protect the intellectual property rights of domestic companies and creators on an international scale.

The scope of application is also expanding to copyright infringement in new digital asset fields such as NFTs and the metaverse, and through legal consultation with the head offices of overseas platforms, we support the building of a global copyright protection framework.

Daeryun Law Firm directly handles every stage, from filing a discovery petition in the United States, serving subpoenas, and reviewing platform responses, to connecting the matter with domestic litigation.

As a result, the client does not need to move between multiple law firms to manage a complex process and can receive assistance from both a foreign attorney (U.S.) and a Korean attorney at the same time within a single system.

In addition, through the ‘MyDaeRyoon’ app, Daeryun provides a channel for communicating directly with the foreign attorney (U.S.), so that the progress and the results can be verified transparently.

This minimizes anxiety about overseas proceedings and improves the actual speed and efficiency with which a case proceeds.

The foreign attorneys (U.S.) at Daeryun Law Firm have extensive litigation experience in federal and state courts, and they are well versed in discovery procedures and in criminal and civil responses.

As a result, they have the practical capability to obtain court authorization promptly and to carry the enforcement of an order through to completion in the course of petitioning against the headquarters of overseas platforms (such as Google, Meta, and X).

In addition, unlike the high-cost structure of using existing overseas law firms, Daeryun provides global legal services at a reasonable cost that ordinary individuals can also use, through its internal collaboration system.

If you are in a situation where you need to use discovery, 🔗an entertainment attorney can assist you, and you are welcome to refer the matter promptly.