Supreme Court establishes rules for aggravated damages lawsuits

The Supreme Court established a new set of rules governing aggravated damages lawsuits related to information networks. The regulation, titled 'Rules on Aggravated Damages Claims Lawsuits Regarding Information and Communications Networks', was promulgated and took effect on July 29, 2026.

The move follows recent amendments to the Act on Promotion of Information and Communications Network Utilization and Information Protection, which allowed defendants to apply for dismissal of such claims. The court promulgated Supreme Court Rule No. 3270 to codify the inquiry procedures, suspension protocols, and judgment publication methods delegated by the revised statute.

Under the framework, the regulation stipulates how a defendant must apply for a judgment to dismiss a lawsuit and details the timing and scope for ending the suspension of proceedings that occurs when such an application is filed. To determine whether a claim constitutes an abuse of the legal process, the rules authorize the court to inquire by questioning parties involved, interested persons, and other reference witnesses.

The regulation further specifies the matters that must be included in the operative part of a judgment when the court orders the publication of the decision. According to the supplementary provisions, the rules apply not only to future filings but also to cases currently pending in court.