Case Overview:

The Korean Supreme Court ruled that submitting documents containing personal information as evidence in a lawsuit does not constitute a privacy violation or grounds for civil damages.

The act is considered a “justifiable act” (정당행위) under law, as it serves a legitimate litigation purpose.


Case Details:

Lawyer B represented C in a 2021 damages case before the Daejeon District Court.

B submitted a photo of a contract received from a third party, which contained A’s personal information (name, resident registration number, address, phone number).

A sued B for personal information leakage, seeking compensation.


Lower Court Rulings:

Both trial courts found B liable, ordering payment of 300,000 KRW in damages for submitting the contract without A’s consent.


Supreme Court Ruling:

Overturned the lower courts’ decisions, citing that:

The contract contained only basic identifying data, not sensitive information (e.g., beliefs, health, etc.).

The information was submitted to a public authority (the court) within the litigation process, not exposed to the public.

Court procedures already provide safeguards for personal data in court records.

Thus, no unreasonable harm or illegal disclosure occurred.



Legal Basis:

The ruling drew from the Court’s prior 2023 decision (2023도3673), reaffirming that using limited personal data for legitimate litigation purposes falls within the bounds of social acceptability and does not trigger liability under the Personal Information Protection Act.


Significance:

Reaffirms that lawyers and litigants can submit documents containing personal data when reasonably necessary for argument or evidence.

Clarifies boundaries between privacy protection and litigation rights, emphasizing a balanced interpretation of the law.

Article: https://www.lawtimes.co.kr/Case-curation/212062