It has been confirmed that HYBE applied for restrictions on access to court records in its lawsuits with former ADOR CEO Min Heejin, and that the applications were granted in part. HYBE filed requests for “restrictions on inspection of trial records” in both the lawsuit seeking payment of stock purchase proceeds and the lawsuit seeking confirmation of termination of the shareholders’ agreement against Min. As the court partially granted these requests, portions of HYBE’s trial materials have been restricted so that only the parties may view them.
On January 8, HYBE applied for restrictions on access to trial records in the lawsuit seeking confirmation of termination of the shareholders’ agreement with Min. On January 12, it likewise applied for restrictions on access to trial records in the stock purchase price claim lawsuit against her. The applications were reportedly filed on the grounds that the trial records include HYBE’s internal reports and other trade secrets.
An application to restrict access to trial records is a procedure intended to prevent third parties from inspecting or copying litigation records when they contain trade secrets or similar information. If such an application is granted, the right to inspect or copy the records is limited to the parties involved.
In civil litigation, such applications may generally be made when: (1) there is a risk of harming national security, public order, or good morals; (2) there is a significant risk of disruption to the social lives of the parties involved; or (3) the records contain trade secrets held by the parties.
The court found that HYBE’s application was “partially justified” and accordingly limited access to certain trial materials to the parties and related persons.
In June of last year, HYBE had also applied for restrictions on access to trial records in a separate injunction lawsuit seeking to prohibit Min from exercising voting rights, but that application was dismissed as having “no grounds.”
Currently, HYBE is engaged in two lawsuits against Min Hee-jin—a KRW 26 billion (approximately 260 billion won) stock purchase price claim lawsuit and a lawsuit seeking confirmation of termination of the shareholders’ agreement. Kim & Chang Law Office and former high-ranking officials are among the legal representatives, with 21 and 22 lawyers, respectively, appointed for each case as the first-instance trials proceed.
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