Ulsan Law Office | Damages Lawsuit Won by Assisting a Client Harmed by Unauthorized Filming by a YouTuber

■ 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)

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.

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.

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.

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.