Source Music v. Min Hee-jin: 2nd Hearing
The 12th Civil Division of the Seoul Western District Court held the second hearing in the damages lawsuit filed by Source Music against former CEO Min Hee-jin.
Source Music had prepared a 20-minute presentation for the hearing, but the defendant requested that evidence containing “KakaoTalk messages” be kept confidential.
“If the materials were obtained by violating communication privacy protections, it would be difficult to admit them. We will allow public disclosure but restrict the portions where the defendant raises issues regarding cited content. However, we cannot prevent the arguments themselves.”
“But during this hearing, we will restrict arguments regarding the portions that are claimed to have been obtained through illegal means between private individuals.”
Protested, saying “What if KakaoTalk messages are included in the presentation materials when the hearing proceeds?”
“We will restrict it. If the KakaoTalk messages need to be excluded, we will schedule a new date.”
Argued that “This evidence is not being disclosed for the first time. There is no Supreme Court ruling regarding the illegality of unlawfully obtained evidence in civil trials, so I question whether it is appropriate to bring this up right before the trial. These are materials for which prior consent for collection was obtained, and they are different from materials obtained by secretly taking someone’s mobile phone.”
“I understand you have doubts about whether it can be used as evidence. Shouldn’t you conclude the debate on ‘whether it can or cannot be used’ and then tell us about it?”
“If the presentation includes those portions and that poses a problem, we will schedule the next date.”
“In light of the law, can everything be permitted under the name of a trial? Conversations or communications between others, if obtained illegally, are not permitted even in civil litigation.”
“We are not saying we will not admit it. Rather, if it is proven that it is not unlawful enough to be admitted as evidence—which is the prerequisite—then we will admit it. We have not definitively stated that we will reject or admit it.”
“Regarding the KakaoTalk conversations that the defendant points to, we notify that we will decide whether to admit the evidence after further reviewing materials on how the KakaoTalk messages were obtained. We order that today’s hearing proceed on the remaining portions excluding that part, and we notify that arguments citing or presenting the KakaoTalk messages that the defendant takes issue with will not be permitted.”
After confirming the opinions of both sides, the court decided to resume the trial on June 27, 2025.