Global Freedom of Expression

Kyung-Sin Park

Korea University Law School Professor PARK Kyung-Sin, a.k.a. K.S. Park, one of the founders of Open Net Korea, and has written academically and been active in internet, free speech, privacy, defamation, copyright, international contracting, etc. (quoted in Freedom House report, New York Times)   He has given expert testimonies in high-profile free speech and privacy cases concerning Minerva, the internet real name verification law, the military’s seditious book blacklisting, the newspaper consumers’ boycott, and Park Jung-Geun the one jailed for retweeting North Korean government twits.  As a result, the “false news” crime in the Minerva case and the internet real name verification laws were struck down as unconstitutional, Park Jung-Geun and Minerva were acquitted, the soldiers challenging book blacklisting were reinstated, the newspaper boycotters’ judgment acquitted the “secondary boycotting” charge (2010-2013)).

Since 2006, he also has served as the executive director of the PSPD Law Center, a non-profit entity that has organized several impact litigations, including some of the above cases, in the areas of free speech, privacy, and copyright. There, the Law Center won the world’s first damage lawsuit against a copyright holder for “bad faith” takedown (2009).  On privacy, the Law Center won the world’s first damage lawsuit against a major portal for warrantless disclosure of the user identity data to the police (2012).  As a result of this judgment, all major portals stopped complying with such data requests by the government. As to the three major telcos that have continued to comply with user identity data requests, the Law Center won another suit in 2015 forcing them to inform the user on whether such data release has taken place on him or not.  The Law Center also filed a suit against the Korean Prosecutor’s Office for failing to notify an e-mail user of the fact of seizure of his emails and won a damages award (2013).)

In 2008, He also founded the Clinical Legal Education Center of Korea University School of Law (f.k.a. Global Legal Clinic) which in 2009 through 2010 successfully carried on a successful campaign to enter Korea into the Supplementary Fund in the wake of one of the largest oil spill ever.  In 2011, in the spirit of solidity of, he and his former clinic students founded with law students, where people and cultural producers alike can obtain free legal advices in the areas of copyright, trademarks, publicity rights, defamation, privacy, etc.

Since 2002, he has served as a legal advisor to Korea Film Council and the Ministry of Culture, representing the country in negotiations concerning the UNESCO Cultural Diversity Convention and the country’s first ever film co-production treaty with France.  He has represented many film producers in their international distribution, co-production, and development deals, and has authored a world-wide survey of tax incentives for film production.

In 2009, he served as a member of the National Media Council, an advisory body to the National Assembly set up to examine the historic bills allowing media cross-ownership, among other things.  While sitting on the council, he has spearheaded an effort to oppose a new bill creating a new crime of “cyber-insult”.

Until, he has been a commissioner of the Korean Communication Standards Commission, a governmental entity censoring broadcasting and internet contents, where he has given many dissenting opinions.

An alumnus of Harvard University (Class of ’92, Physics) and UCLA Law School (Class of ’95), licensed in California and Washington State, he represented immigrant workers in restaurant, garment, and janitorial industry.  He has filed or defended, and won major lawsuits against brand-name garment manufacturers and large department stores (1995-1997, Los Angeles) and has also participated in the historic civil rights class action against the local Metropolitan Transit Authority.

He is also the founding editor (2007) and the Editor in Chief of Korea University Law Review, available on Westlaw.

His academic articles (Korean with English abstracts) on the relevant areas can be found here:

His shorter writings can be found here.