Court: "If Illegal Filming Occurred in Bathroom, Compensation Possible Even Without Evidence"

Partial Victory for Two Plaintiffs in Civil Lawsuit Against KBS Comedian Over Illegal Filming

[Asia Economy Reporter Yoo Byung-don] The court has ruled that victims who used the women's restroom where an illegal filming incident occurred can receive compensation even if they cannot clearly prove the damage.

On the 15th, Judge Kim Dong-jin of Civil Division 34 at the Seoul Southern District Court announced a partial victory for the plaintiffs in a damages claim lawsuit filed by KBS employees against freelance comedian Park Mo, who was hired through an open recruitment process.

Previously, Park was prosecuted for installing an illegal filming camera in the women's restroom of the KBS Yeouido Research Building and was sentenced to prison in both the first and appellate trials. Since neither Park nor the prosecution appealed, the ruling was finalized in February last year.

Subsequently, in September last year, some female KBS employees who used the restroom during the period Park conducted illegal filming filed a civil lawsuit claiming 3 million won each in damages for invasion of privacy and other harms.

Park's side argued that "the plaintiffs are not recognized as victims eligible to file this civil lawsuit because they are not listed as victims in the criminal case's guilty verdict."

However, the court stated, "It can be sufficiently acknowledged that the defendants' illegal act of secretly installing a camera in the workplace restroom and filming infringed on the plaintiffs' right to privacy," and ordered Park to pay 1 million won in consolation damages to each plaintiff.

The court further noted, "Although the defendant's photo files secured by the investigative agency did not appear to contain specific photographic images of the plaintiffs, it can be recognized that the plaintiffs were significantly exposed to the risk of privacy infringement due to the hidden cameras installed by the defendant while performing various physiological activities in the women's restroom, which is the most intimate private space."

It added, "Unlike criminal trials where the principle of 'strict proof' applies, the acceptance of factual claims and evidence in civil trials is somewhat relaxed and can be recognized more flexibly."

Park was prosecuted for filming or attempting to film victims a total of 32 times, including raising his hand over the partition in the KBS Research Building restroom in 2018 to capture a victim using the toilet.

Additionally, from May 27 to 29 last year, he filmed or attempted to film victims changing clothes in the restroom 15 times, and it was found that he possessed seven of these recordings.

The first trial court sentenced him to two years in prison, and the appellate court upheld the same judgment in February last year.

This content was produced with the assistance of AI translation services.