South Korean firms challenge 758.9 billion won in privacy fines

  • South Korean companies are suing to challenge PIPC and KFTC penalties.
  • PIPC fines reached 758.9 billion won through August, including Coupang’s 624.7 billion won penalty.
  • Seventeen PIPC penalty cases were pending in court at the end of July.

South Korean companies are increasingly challenging large fines imposed by the PIPC (South Korea’s privacy regulator) and KFTC (South Korea’s competition regulator), arguing that investigative procedures and sanctions are excessive. The PIPC imposed 758.9 billion won, or about $561.7 million, through August this year, 112 times its 2020 total. Coupang’s 624.7 billion won penalty over a breach affecting 37.55 million customers represented 82% of this year’s amount. Seventeen cases were pending in court as of the end of July, while all six first-instance rulings involving Google, Meta, Samsung Electronics, Kakao and Kakao Pay were appealed by the losing companies. Several disputes have lasted years, and companies face potential refunds with 3.1% annual interest if penalties are overturned. The Coupang dispute has intensified tensions with regulators, amid investigations and penalties from multiple agencies. A punitive fine regime taking effect September 11 will allow penalties of up to 10% of revenue for repeat violations within three years or incidents affecting more than 10 million people. Critics say the absence, until July, of a consent decree system and the requirement that victims pursue separate civil lawsuits limit the practical benefits of enforcement.

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