As Coupang was hit with a 624.7 billion won penalty surcharge by the Personal Information Protection Commission over the data leak affecting 37.5 million members, user class-action lawsuits seeking damages against Coupang are also gathering pace.
This is the largest penalty surcharge ever for a single personal data breach. Since the authorities found faults in Coupang's data protection measures and incident response, it is highly likely to serve as key evidence in civil suits.
◇ Submission of penalty surcharge decision as evidence… class actions accelerate
Attorneys for Coupang users are filing the Personal Information Protection Commission's decision with the courts one after another.
According to legal sources on the 16th, law firm Jihyang submitted on the 12th a press release on the penalty surcharge decision distributed by the Personal Information Protection Commission as evidence to the court. Attorney Lee Eun-woo of Jihyang said, "We have asked Coupang to specifically identify what personal data was leaked."
In the class action represented by Jihyang, 1,995 people, including a person surnamed Kang, are participating. At the third hearing held on the 12th, whether the plaintiffs genuinely intended to participate in the suit became a point of contention.
Law firm LKB Pyeongsan also submitted on the 11th, immediately after the Personal Information Protection Commission's penalty surcharge decision, a brief containing the relevant details to the court. Since December last year, LKB Pyeongsan has filed five class actions with the Seoul Central District Court involving about 6,400 participants. It is currently recruiting participants for a sixth suit on its website.
Law firm Illo also plans to submit a brief on the penalty surcharge decision this week. Illo is proceeding with a suit after recruiting 280,000 participants. Moon Geon-il, managing partner at Illo, said, "A bill on class actions is under discussion at The National Assembly's Legislation and Judiciary Committee," adding, "We are watching closely, as the court's view could change depending on whether the bill passes."
Law office Hoin also submitted on the 12th a preparatory brief related to the Personal Information Protection Commission's decision. Hoin previously said in December last year that it gathered about 20,000 participants for the suit.
◇ Weighing the timing of submissions… additional suits under review
Firms that have not yet filed briefs are reviewing whether and when to submit.
Law firm Nova plans to submit a brief on the penalty surcharge decision around the time the first hearing date is set. Nova has filed two class actions with 20,000 participants and is now accepting filings for a third suit.
Law firm Doul is also considering submitting a brief. Doul is leading seven class actions totaling a little over 20,000 participants.
Some are preparing to recruit participants or file complaints. Law office Want, which has received applications from about 100 people, plans to consider filing a complaint now that the penalty surcharge decision has been issued.
Most suits are proceeding at the Seoul Central District Court. However, some firms filed complaints with the Seoul Eastern District Court. The suit brought by law firm Daeryun has 3,566 participants, and the suit filed by law office Beonhwaga has 9,500 participants.