
Legal Q&A
Q
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Hello. I am asking because I am curious whether a class action is possible. Recently, several people suffered damage due to securities trading. It is estimated that there are at least 100 or more victims.. When I looked into it, it seems there is also something called the Securities-Related Class Action Act? Since it is a class action, it seems like it would be somewhat more difficult. Would it be better to request help from an attorney?
Class action
Securities trading
Securities-related class action
Securities-Related Class Action Act
Financial investment
Lawsuit claiming damages
Answer
Published:
Author : Kuk Il KIM
Hello. You asked whether a class action is possible for damage from securities trading. I will answer.
Where many investors suffer damage due to a listed company's false disclosure or unfair trading, a class action can be filed if certain requirements are met.
To proceed with such a class action, there must be 50 or more victims, and a representative party proceeds with the litigation after obtaining the court's permission.
In the case of a class action, some victims proceed with the litigation as representatives, and a characteristic is that the litigation can proceed without the individual consent of the other victims.
In addition, after obtaining the court's permission for the litigation, even a victim who did not participate in the litigation is automatically subject to the effect of the judgment unless they go through a specific procedure called 'opting out.'
That is, many victims who did not participate in the litigation can also receive relief according to the result of the judgment.
In the case of a class action, because the procedure is more complex and there are more legal issues than in ordinary civil litigation, it is very important to obtain the assistance of an attorney from the early stage.
In particular, the help of a specialized attorney can be regarded as almost essential in matters such as whether the requirements for filing the suit are met, collecting evidence, and establishing a litigation strategy.
Therefore, in the current situation, we recommend that you consult with an attorney who has experience in securities-related class actions and have them review whether an actual class action is possible and the procedure.

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Kuk Il KIM
T. 070-5117-2950
Experience as Chief Prosecutor at the Seoul High Prosecutors' Office · Attorney Specializing in Criminal Law/Drugs/Intellectual Property

Dae Hee KANG
T. 070-5117-5510
Handled Numerous Construction Corporate Litigation and M&A Legal Due Diligence · Legal Counsel to the Korea Credit Guarantee Fund, Asset Management Companies, and Others
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