CONTENTS
- 1. The Account of the Client Who Came to the Ulsan Law Office
- - Statutes and Case Law Explained by the Ulsan Law Office
- 2. The Strategy Established by the Ulsan Law Office
- - The Ulsan Law Office Pointed Out the Perpetrators' Insulting Conduct
- - The Ulsan Law Office Criticized the Perpetrators' Unrepentant Attitude
- - The Ulsan Law Office Emphasized That the Harm Was Severe
- 3. Result of the Ulsan Law Office's Assistance: Judgment for the Plaintiff
- - Considering a Lawsuit Over Being Shown on YouTube Without Consent?
1. The Account of the Client Who Came to the Ulsan Law Office
The client whom the attorneys at the Ulsan law office met was a man in his forties.
The client operated a dog kennel together with his wife.
One day, two people the client did not recognize loitered around his kennel and then came inside and asked questions as though they were customers.
In fact, however, these people were YouTubers, and the interior and exterior of the kennel, as well as the conversation taking place at the time, were all being broadcast live on YouTube.
Even after the live broadcast ended, these people edited and processed the footage and posted it again.
This footage contained not only the client's face but also personal information such as his vehicle license plate number.
In addition, through the footage, these people did not hesitate to make insulting remarks about the client.
Accordingly, the client came to the Ulsan law office in order to file a related damages lawsuit.
Statutes and Case Law Explained by the Ulsan Law Office
■ Relevant Statute
Civil Act Article 750 (Substance of a Tort) A person who causes loss to another by an unlawful act committed intentionally or negligently is liable to compensate for the loss.
■ Relevant Case Law
“Reputation, together with life and body, is a very important legally protected interest, and the right to reputation as a personality right is, like a real right, a right with exclusivity. Accordingly, a person whose reputation, the objective evaluation received from society regarding personal values such as a person's character, virtue, fame, and credit, has been unlawfully infringed may, in addition to seeking damages or a disposition for the restoration of reputation, also seek, on the basis of the right to reputation as a personality right, to have the infringing conduct currently taking place removed, or to prohibit the infringing conduct in order to prevent future infringement, against the perpetrator. (See Supreme Court Decision 2003-Ma-1477, rendered January 17, 2005, among others)
2. The Strategy Established by the Ulsan Law Office
The Ulsan law office formed a dedicated team and established a litigation strategy so that they could receive compensation for the harm within a short period of time
The Ulsan Law Office Pointed Out the Perpetrators' Insulting Conduct
These YouTubers posted the footage without authorization or the client's consent.
In addition, they did not hesitate to engage in conduct that caused the client great humiliation, including directing profanity at him that is difficult even to repeat.
They also spread false information and shaped public opinion.
This is a clear infringement of the right to one's own likeness, and it is also conduct contrary to the right to pursue happiness guaranteed by Article 10 of the Constitution.
The Ulsan law office emphasized that the perpetrators' conduct did not end with the mere posting of the footage.
The Ulsan Law Office Criticized the Perpetrators' Unrepentant Attitude
These YouTubers maintained a brazen attitude even after the lawsuit was filed.
They continuously filed complaints with the district office on the basis of false information, and they came to the client's kennel and again continued a live YouTube broadcast.
They also posted videos criticizing the client in which they included their own account numbers and requested donations.
Furthermore, even after the client filed an application for a provisional injunction to delete the footage and to prohibit its posting, and even after the court granted that application, they did not delete the footage.
Instead, one of them went so far as to produce and post an additional video.
On the basis of these circumstances, the Ulsan law office emphasized that the perpetrators had used the client as a means of making money.
The Ulsan Law Office Emphasized That the Harm Was Severe
With the client's face, kennel, and vehicle license plate number all having been exposed, the client could not avoid suffering significant harm.
The view count of the footage posted by the YouTubers exceeded twenty thousand views.
As a result, some viewers even came directly to the client's residence.
The client suffered severe emotional stress and was receiving related treatment.
The Ulsan law office referred to these circumstances and argued that appropriate compensation should be made.
3. Result of the Ulsan Law Office's Assistance: Judgment for the Plaintiff
As a result of the Ulsan law office's assistance to the client, the court rendered judgment for the plaintiff.
It ordered the YouTubers to delete the related footage and to pay compensation.
The court stated that the perpetrators' conduct could not be regarded as a justifiable act for the public interest.
It added that, contrary to their assertions, there was no clear evidence that the client had committed unlawful acts such as slaughter, and that even if he had committed an unlawful act, going beyond reporting it to the competent authority to post footage on their own YouTube channel and to make insulting or threatening remarks could not be regarded as justifiable.
Considering a Lawsuit Over Being Shown on YouTube Without Consent?
As YouTube has gained great popularity worldwide, the number of people producing various forms of content has also surged.
Because anyone can produce and post footage, various conflicts and disputes are arising.
In particular, the problem of infringement of the right to one's own likeness is serious.
As footage taken without consent spreads, the persons involved often suffer physical and emotional harm.
If you have suffered such harm, civil and criminal measures should be taken.
The Ulsan law office assists clients through a team of counsel experienced in such matters.
If you are facing difficulties due to issues such as infringement of the right to one's own likeness, you may visit the Ulsan law office.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
