The court adopted the KakaoTalk conversation contents in the damage compensation lawsuit between former ADOR CEO Min Hee-jin and HYBE subsidiary label Source Music as evidence. This marks a significant development as the court officially recognized the evidentiary value of messenger conversations. It is expected to have considerable repercussions in future litigation.
On the morning of the 22nd, the 12th Civil Division of the Seoul District Court held the third hearing for the 500 million won damage compensation claim lawsuit filed by Source Music against former CEO Min Hee-jin.
During the session, the court stated, "It is difficult to view the submitted KakaoTalk conversations as a violation of the Communication Secrets Protection Act," adding, "Considering various circumstances, including the fact that the staff member shared the password, we can recognize the evidentiary value." The court also officially notified that the KakaoTalk conversations submitted by Source Music would be adopted as evidence.
The court also noted that there was no need for a public presentation regarding the progress of the trial, saying, "We won't hold a presentation, but public trial is the principle, so we will conduct a public hearing through oral debates."
Upon the recognition of the evidentiary value of the messenger conversations, Min's side reacted immediately. The defense attorney for the defendant asserted, "Matters concerning communication secrecy are fundamental rights under the constitution," and stated, "It is inappropriate to specifically quote the conversation contents in a public court."
In response, the court stated, "Oral debates are generally public under civil litigation law," and added, "To ask for non-disclosure from a position that does not know the content of the debate seems unreasonable. If objections arise during the debates, we will decide according to civil procedure principles."
The defense counsel said, "I believe that reading the contents in oral debates would have a similar effect. Since the court has already recognized the evidentiary value, I hope that appropriate measures will be taken if such issues arise in the future during the process of continuing the trial."
The plaintiff's representative raised questions regarding the defendant's attitude. The plaintiff's side stated, "The defendant previously called in the media and read KakaoTalk contents for nearly two hours in a presentation format, condemning the other party." They added, "The defendant's side also suggested to do a presentation regarding this case. Now asking to limit reading the KakaoTalk directly is an undue pressure, and it raises concerns over whether this trial is conducted fairly and objectively beyond the principle of equality of arms between both parties."
"The KakaoTalk conversation has already been adopted as evidence by the court. Citing it in court is merely exercising legitimate rights of argument, and the defendant's side only needs to rebut it. Requesting to prohibit the citation itself is unfair," she raised her voice.
The court concluded a heated exchange from both sides, stating, "It is difficult to accept the preemptive request to 'prohibit the citation' in a situation where we do not know what remarks may be made," and explained, "For now, we will proceed with public hearings according to the principles, but will judge as necessary according to legal procedures."
The court set the date for the next hearing to Nov. 7 and concluded the session.
Meanwhile, Source Music filed a 500 million won defamation, obstruction of business, and insult damage compensation lawsuit against former CEO Min in July of last year.
Source Music raised issues concerning claims made by CEO Min during a press conference, asserting that she personally cast NewJeans members and unilaterally broke her promise to debut NewJeans as HYBE's first girl group, as well as claims that Source Music neglected the NewJeans members.
In May, during the second hearing, Source Music submitted approximately 20 minutes of presentation materials containing former CEO Min's KakaoTalk messages, but her side countered that they were "illegally collected evidence without prior consent."
[Photo] OSEN DB
[OSEN]