BJ Gwa-Jip Se-Yeon (real name In Se-Yeon) has begun a full-blown legal battle in her defamation damages lawsuit against YouTuber Bbakga (nickname).
On the morning of the 22nd, the first hearing for the damages lawsuit filed by Gwa-Jip Se-Yeon against Bbakga was held at the Seoul Central District Court, Civil Case 1005 (Judge Lim Bok-Gyu). Neither the plaintiff nor the defendant attended court that day, and only the legal representatives of both sides were present.
Gwa-Jip Se-Yeon filed a damages lawsuit claiming 30 million won after a video suggesting allegations of gambling and prostitution related to her was posted on Bbakga's YouTube channel in September last year. Although the video has since been deleted, Gwa-Jip Se-Yeon's side claims that "they suffered social stigma, mental distress, and even insomnia due to the false facts."
In response, Bbakga's legal representative, lawyer Cho Il-Nam from Hyun-Dap Law Firm, argued that "the video in question is merely a personal opinion added to existing news reports and internet user responses, and it is not a video intended for factual reporting." He also added that "the claim that the expressions in the video constituted insults is also debatable and will be clarified through legal judgment."
In cases of defamation, the key judgment criteria include 'falsity,' 'public interest,' and 'expression method,' while the issue with insult charges is whether the speech caused humiliation to another person, regardless of the truth of the statements made. Currently, the key issue in this case revolves around sorting out the issues regarding defamation and insult.
This case has not been limited to simple video deletion or clarification. Gwa-Jip Se-Yeon's side has utilized the U.S. 'discovery system' to obtain key personal information about Bbakga, including real name, date of birth, address, and contact information. Lawyer Jung Kyung-Seok from Liu Law Firm stated that he received approval for some of the requests for evidence disclosure from the U.S. Northern District Court of California and obtained information from Google headquarters.
On the other hand, Bbakga's side submitted requests to suspend the trial process and to participate in the video trial after securing information through the discovery process, but the court did not accept any of these.
During this day's trial, it was also mentioned that Gwa-Jip Se-Yeon's side could not sufficiently review the materials submitted by Bbakga's side shortly before the hearing date. A representative for Gwa-Jip Se-Yeon emphasized that "this is by no means an admission of the claims."
As both sides' positions sharply contrast, the next hearing is scheduled for September 23.
[Photo] YouTube capture
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