Civic activists here said Thursday they will file a complaint with the Korea Communications Commission (KCC) on July 6 asking for a temporary halt of Google Korea's business as its office violated the Telecommunications Business Law.
Google Korea registered as a "value added common carrier," which means the company provides search services as well as Internet advertisement services in Korea, in 2006. Google Korea said these services are provided by Google's headquarters, but in its declaration submitted to the government Google Korea is specified as a business entity, according to the civic group.
The activists alleged that either Google Korea or Google made false declarations about being a value-added common carrier.
They also urged the global search giant to disclose whether it shared personal information with third parties.
Google is suspected of passing on private information of its users, including Gmail users' personal details to the administrators of a U.S. intelligence program known as PRISM. Six members of four civic groups ― the Citizens' Coalition for Economic Justice, the Korea Progressive Network Center, Amnesty International's Korean chapter and Citizen Action ― filed a lawsuit on this last year.
Yang Hong-seok, a lawyer for the civic groups, said he had contacted Google Korea several times last year and asked the company to disclose whether it had passed on the private data.
He said Google Korea had not provided detailed answers. Instead, Google sent an e-mail saying, "Google Korea is not the provider for Google communications services such as Gmail."
The company also added this is solely Google, a company headquartered in the United States, and Google Korea does not process any data associated with these services.
"We provide users data to governments only in accordance with the law," it said in its e-mail.
The attorney said he requested Google and Google Korea to make additional explanations related to the mail, but neither has responded.
"Google has continued to insist the Korean government has no jurisdiction over the company, as it is a U.S.-based company, but this is complete nonsense," Yang said.
"Yes, Google is an American company. But it has been operating a business in Korea by setting up a branch office here. How can't it be subject to Korean law?"
Google said on its website all claims arising out of, or relating to, terms or services will be litigated exclusively in the federal or state courts of Santa Clara County, California in the United States.
The lawyer said however, terms are not eligible for this litigation, as they are not related to Google's services, but to the Telecommunications Business Law in Korea.
"Imagine when you become embroiled in a legal dispute with the company.
Google has a branch office in Korea, so it won't be difficult to deal with the litigation for them here, but users in Korea have to go to California," the lawyer said.
"This terms are obviously unfair, and against public order and standards of decency," he added.