소제기를 위한 개인정보 취득 방안 : 미국 디스커버리에 의한 유튜브 계정의 인적사항 제출명령 사건을 중심으로

The right to a fair trial is universally recognized as a fundamental human right. Article 27, Paragraph 1 of the Korean Constitution states, “All citizens have the right to receive a trial by a judge determined by the Constitution and laws.” This provision ensures adherence to procedural laws and safeguards the principles of substantive justice. The Act on Civil Procedure in Korea mandates the collection of a defendant's personal information at the initial stages of a lawsuit to identify the parties and ensure proper service of legal documents. This requirement is rooted in the nature of civil litigation, which produces final and binding resolutions. A defendant in a civil trial must appear in court and participate in the proceedings, failing which a default judgment may be issued. Proper service of legal documents is essential for ensuring the defendant's right to a trial and is a universally recognized prerequisite, reflected in the legal requirement for proper service when enforcing foreign court judgments. A recent case highlighted the challenges posed by the lack of access to a defendant's personal information. A plaintiff seeking to file a defamation lawsuit against a YouTuber faced difficulties in obtaining the necessary details to initiate legal proceedings. This obstacle was overcome by utilizing the U.S. discovery process to secure the YouTuber’s personal information, thereby enabling the lawsuit to proceed domestically. The case in question, In re Starship Entertainment Co., Case No. 23-mc-80147-BLF (N.D. Cal., 2023), was adjudicated in the U.S. District Court for the Northern District of California. The court ordered the respondent to disclose the YouTuber’s personal details, relying on the legal framework provided by 28 U.S.C. §1782(a). Notably, Korean courts have previously invoked §1782(a) to obtain U.S. bank account information during litigation. §1782(a) has thus emerged as a valuable mechanism for obtaining evidence in cross-border disputes. The Starship case underscores the growing significance of §1782(a) in enabling lawsuits that might otherwise be hindered by the anonymity of individuals, such as YouTubers. By providing access to U.S. federal discovery procedures, §1782(a) facilitates the enforcement of the right to a fair trial while offering a straightforward process with minimal requirements. However, the simplified and expedited nature of §1782(a) also limits judicial review, raising concerns about procedural fairness. As such, it is essential to critically examine the implications of using information obtained under §1782(a) in domestic lawsuits to ensure that the principles of justice and fairness are upheld.