The court adopted the KakaoTalk conversations that became the issue in the 500 million won damages lawsuit between Min Hee-jin, the former head of ADOR, and SOURCEmusic, a label under HYBE, as evidence. This decision, which officially recognized the evidentiary value of messenger conversations, is expected to have a significant impact on future litigation.
On the morning of the 22nd, the Seoul Central District Court Civil Division 12 held the third hearing of the damages claim lawsuit filed by SOURCEmusic against Min Hee-jin and stated, "The submitted KakaoTalk conversations cannot be considered a violation of the Communications Privacy Protection Act" and added, "Considering various circumstances such as password sharing, the evidentiary value can be recognized." The court also announced, "Therefore, the KakaoTalk conversations submitted by SOURCEmusic are adopted as evidence."
Only oral arguments allowed instead of public presentations
The court added that regarding the trial proceedings, it "determined that there is no need for a public presentation" but "will proceed with public hearings through oral arguments in accordance with the principle of public trials."
Min Hee-jin's side: "Reading KakaoTalk is inappropriate..." The court: "Principle of publicity"
Min Hee-jin's side immediately protested the recognition of the evidentiary value of KakaoTalk. The defense attorney stated, "Communications secrecy is a constitutional basic right" and argued, "It is not appropriate to specifically quote conversation content in a public court." The court maintained, "In civil lawsuits, arguments are generally public," adding, "If objections arise along the way, we will judge according to legal procedures."
The defense asserted, "Reading the contents in oral arguments is effectively the same as doing so in writing" but the court stressed, "It is difficult to accept the request to prevent citations in advance" while emphasizing the principle.
The plaintiff's side: "Evidence has already been adopted... citing is a lawful exercise of the right to argue"
The agent for SOURCEmusic questioned the attitude of the defense. The plaintiff's side responded, "There is a precedent where Min Hee-jin summoned reporters and spent nearly two hours reading KakaoTalk messages to criticize the other party" and argued, "To now claim that the citation itself is unfair contradicts the principles of fairness and equality of arms." They continued, "The KakaoTalk conversations have already been adopted as evidence by the court. Citing them is merely a lawful exercise of the right to argue, and the defense can contest it."
Next hearing is on Nov. 7
The court summarized the exchanges that day, stating, "We cannot preemptively restrict what statements may arise" and "If necessary, we will judge according to legal procedures." They designated the next hearing for 4:30 p.m. on November 7.
Meanwhile, SOURCEmusic filed a damages lawsuit for over 500 million won against Min Hee-jin last July, claiming defamation, interference with business operations, and insult. SOURCEmusic is continuing the lawsuit, questioning remarks made by Min Hee-jin at a press conference, such as "I cast the members of NewJeans directly," "HYBE broke its promise," and "SOURCEmusic neglected the members."
[Photo] OSEN DB, HYBE
[OSEN]