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| TITLE | Supreme Court Decision 2010Da103185 Decided February, 14, 2013【Damages】 [full Text] |
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| Summary | |
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[1] In a case where a photograph which shows a person’s face and other physical features that can identify the person in terms of social norms is taken with the person’s consent, the standard for determining whether the photographed person’s consent is necessary in disclosing the photo, and the party bearing the burden of proof of the consent to be photographed (photographer or discloser), as the well as the burden of proof on whether disclosing the photograph was within the scope allowed by the aforementioned consent at the time [2] In a case where Gap photographed two photographs showing model Eul’s genital area, pubic hair, and face at a photo shoot held by a Nude Photographic Society of Korea branch, exhibited one of the photos at the aforementioned Society’s website which can be accessed by anyone who signed in as a member, and uploaded another photo at a web portal-hosted message board unrelated to the Society, also accessible by any member of the website, the case holding that the judgment below which deemed that Gap infringed Eul’s portrait rights is just |
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