Group files complaint vs tax official, reporter for leaking Korean star Cha Eun-woo's information
The Korea Taxpayers Association filed a complaint with the police on Feb. 10 against a tax official and a reporter in South Korea for leaking the tax information of Korean actor and K-pop idol Cha Eun-woo.
Cha Eun-woo, a member of K-pop boy band ASTRO, is facing a tax surcharge of 20 billion won (about $13.6 million) from the National Tax Service (NTS), South Korea’s equivalent of the Philippines’ Bureau of Internal Revenue (BIR).
The tax evasion allegations stemmed from a corporation that was set up by his mother. Cha Eun-woo is under contract with agency Fantagio.
The complaint was filed with the Korean National Police Agency for alleged violations of the Personal Information Protection Act and breach of official secrets under the Criminal Act.
In the complaint, the association pointed out that Article 81-13 (Confidentiality) of the Framework Act on National Taxes strictly prohibits tax officials from providing, leaking, or using tax information for purposes other than intended in order to protect taxpayer rights.
It added that Article 71 of the Personal Information Protection Act stipulates that anyone who leaks or provides personal information obtained in the course of their duties without authorization, or who knowingly receives such information for profit or improper purposes, is subject to imprisonment of up to five years or a fine of up to 50 million won (about $34,305).
The association also cited Article 127 of Korea’s Criminal Act which provides criminal punishment for public officials who leak official secrets.
"By unauthorizedly leaking specific tax information related to Cha Eun-woo's tax investigation, the defendants violated the principle of confidentiality guaranteed by the Framework Act on National Taxes and the rights of taxpayers,” the association said.
In seeking a thorough investigation, it added, "Since the specific details of the additional tax collection and the investigation process are information, only tax officials, such as the investigator or the approval line manager, would have access to, this incident highly likely represents a leak of internal tax information. Such information leaks are serious matters that can cause irreparable damage to the parties involved.”
The association said the complaint “is not intended to defend or protect a specific individual, but rather to establish social trust that 'tax information is safely protected under all circumstances.' Tax information protection is the foundation of the tax system and a core element that sustains the community."
It cited the case of the late actor Lee Sun-kyun, saying, “unconfirmed investigative and questioning information was disclosed, causing irreparable damage to an individual's reputation and human rights. We must not allow this to happen again."
Lee Kyung-hwan, the lawyer for the complaint, said, "Cha Eun-woo is also a citizen of the Republic of Korea and a taxpayer. He must be equally protected by the taxpayer rights stipulated in the Framework Act on National Taxes and the constitutional presumption of innocence. The law must be enforced equally, regardless of celebrity status. It is undesirable for tax information to be leaked and socially stigmatized simply because of his or her fame."
Association Chairman Kim Seon-taek stated, "The National Tax Service possesses a vast amount of highly sensitive personal information, including tax audit information, citizens' income, assets, medical expenses, donations, and credit card usage details. If this information is being poorly managed, it is a serious problem. The National Tax Service must actively cooperate with this investigation to restore public trust in the protection of tax information."
Cha Eun-woo is currently fulfilling his military service. In a post on Instagram, he said he will accept the final decision of the National Tax Service on the matter.