‘Personality Rights’ Song Seung Hun Wins But Jang Dong Gun Loses Litigation, Why?

Famous actors such as Jang Dong Gun, Song Hye Kyo, and Song Seung Hun failed a lawsuit against the plastic surgery hospitals for using their pictures without permission.

On December 20, 2013, judge Jung Il Yeon of the 26th court of Joon Ang Ji Bup in Seoul ruled, "It is hard to acknowledge the logic behind the lawsuit," overruling the actors' lawsuit claiming damages done to their personality rights and requesting 170,000 dollars.

35 actors, actresses, and celebrities including Jang Dong Gun, Song Hye Kyo, Kim Nam Gil, and the members of Girls' Generation who did not agree with the initial ruling submitted their appeal form. The form is to be sent to a higher court.

Personality right or publicity right of the subject refers to the right of the person to protect his or her image, face, name, or voice from unauthorized commercial use. In the United States, the publicity right is protected under the law. In Korea, however, it is not recognized legally.