The discovery system that made America a country of litigation

Discovery is when lawyers for the plaintiff and the defendant meet.

It is a system where each party starts by presenting their evidence.

Evidence that was not presented during the discovery process

It is impossible to present it dramatically in court later.

Why this process is so important

In litigation where information asymmetry is expected

This is because the information can be received from the other party.

In other words, when an individual files a lawsuit against a large corporation

Free to some extent from the pressure of proof

If the other party’s request for data is extensive

Sometimes this discovery period alone takes 2 to 3 years.

It is said that 95 percent of lawsuits end in settlement after discovery.

I started by exposing all the evidence.

I think in most cases there is no need to file a lawsuit.

If you lose, you will also have to pay discovery costs.

Gamers know this

Nexon Maple lawsuit, NC Promotion lawsuit, etc.

Only the game company has this data.

They were passive in submitting data.

In other words, when information asymmetry is severe,

Trial proceeds due to lack of evidence

There are weaknesses in Korean law.

From the company’s perspective, they have evidence against them.

There is no law forcing it, so there is no way it is being released.

Of course, I’m talking about Korea.

A subsidiary of SK that produces batteries

SK On’s American subsidiary, SKBA,

A lawsuit is filed over a local junk shop.

There is news that an agreement was reached for $31 million.

The company’s request was $26.5 million.

Only $11 million in damages due to the topic was acknowledged.

Punitive damages for disloyalty

Add $20 million and faithfully submit data

I was asked to pay more money than if I lost the case.

Of course, there is no evidence that it was done intentionally.

Although the court did not decide that

Rather than whether it was intentional or not, the failure to submit evidence itself

subject to punishment

In a criminal case, the right to remain silent or suppress adverse evidence is

Is it recognized as a legitimate right?

If you do something like this in a U.S. civil suit,

“You’re doing that because you’re at a disadvantage, right?”

Think of it this way and side with the one-sided argument of the other side.

It awards punitive damages and a loss.

There is constant talk of introducing a discovery system in Korea as well.

Unless punitive damages are introduced in the American style.

It’s likely to end with, “Well, I’ll just pay more.”