Park Hyo-shin's Photo Illegally Used in 'Sex Crime Lawyer Advertisement' by Law Firm... Court Upholds 30 Million Won Compensation in Second Trial
[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] The court has ruled again in the second trial that a law firm must pay 30 million won in damages for unauthorized use of singer Park Hyo-shin's photo in an advertisement for 'sexual crime defense.'
The Seoul Central District Court Civil Appeals Division 8-3 (Presiding Judges Kim Yang-hoon, Yoon Woong-gi, Yang Eun-sang) on the 8th dismissed the appeal by law firm A in a damages lawsuit filed by Park against A law firm, upholding the original ruling that ordered payment of 30 million won and partially ruled in favor of the plaintiff.
In 2019, law firm A used Park's photo without permission in a banner advertisement on its website while advertising an internet site specializing in defending sexual crime cases.
Park's photo was displayed alongside phrases such as 'Personal Information Disclosure Defense' and 'Top 100 Success Cases.'
The number of exposures of this advertisement was counted at 1,481,787 times between September 29 and October 16, 2019.
Previously, the first trial court ruled that law firm A had unjustly infringed on Park's portrait rights and honor rights, estimating Park's property damage at 20 million won and ordering an additional 10 million won in consolation damages.
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At that time, the first trial court pointed out, "When a photo of any celebrity is used in an advertisement related to legal services for sexual crimes, the general public is very likely to perceive that the celebrity has a history of involvement in sexual crimes."
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