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TITLE [Consolation Money]Supreme Court Decision 2004Da16280 Delivered on October 13, 2006 [full Text]
Summary
[1] Whether the portrait right is a constitutional right protected by the Constitution (affirmative) [2] Whether an infringement of portrait rights, and secrecy and freedom of privacy is justified for the reasons that it was conducted in a public place or for the purpose of collecting evidences for a civil litigation (negative) [3] The criteria for determining illegality of infringement upon portrait rights as well as secrecy and freedom of privacy of portrait rights infringement, or secrecy and freedom of privacy [4] The case finding a tort of infringement of upon portrait rights as well as secrecy and freedom of privacy where an insurance company employee took photographs of the victim's daily life for the purpose of collecting evidentiary materials regarding the degree of disability of the traffic accident victims who instituted a lawsuit for damages against the insurance company
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