[2] The case holding that the disclosure by a National Assembly member Gap, etc. via the Internet of "real-name data on teachers' organization and teachers' union membership status" violates the right to self-determination of personal information of the pertinent teachers

[3] Whether an indirect compulsory compensation is appropriated for compensating for damage caused by the obligor’s nonperformance of the obligor’s duty to act (affirmative)

[2] In a case where a member of the National Assembly disclosed "the real name data of teachers and teachers' union members of various levels" via the Internet, the case holding that since the above information constitutes personal information subject to the protection of the right to self-determination of personal information and the right to maintain, maintain, and develop the pertinent teachers' right to self-determination and the right to self-determination of personal information, and the legal benefits that can be gained from the act of disclosure of the above information by Gap et al. cannot be seen as being superior to the legal interests of the pertinent teachers, etc., and thus, disclosure of information by Gap et al. is unlawful

[3] The indirect compulsory compensation is not attributable to the national treasury after the debtor was collected from the debtor, but is paid to the creditor to compensate for damages caused by the debtor's failure to perform his/her duty to act.

1. As to the Defendants’ grounds of appeal on the part that the disclosure of the instant information does not constitute infringement on the rights of the Plaintiff (Appointed Party (hereinafter “Plaintiff”) and the designated parties

The general personal rights derived from the first sentence of Article 10 of the Constitution that provides for human dignity and value, and the right to pursue happiness, as well as the right to self-determination of personal information guaranteed by the right to privacy under Article 17 of the Constitution, are the right in which an individual determines when and to what extent his/her personal information should be disclosed and used. Personal information subject to protection by the right to self-determination of personal information refers to any and all information characterized by an individual’s personality subject, such as body, faith, social status, status, etc., and which makes it possible to identify the individual’s identity. It includes personal information formed in public life or already disclosed in public life without being limited to information belonging to an individual’s secret territory. In addition, the act of investigating, collecting, keeping, processing, and using such personal information constitutes a restriction on the right to self-determination of personal information in principle [see, e.g., Constitutional Court Order 2003HunMa282, 425 (Consolidated)].

According to the judgment of the court below and the record, the instant information contains the following information: (a) identifying a specific individual, such as the name of institution (school), name of teacher, department in charge, teacher organization, and trade union membership status; or (b) identifying the status of a teacher organization and an individual member of a trade union

In light of the above legal principles, it is reasonable to view that the act of disclosing the instant information to the general public constitutes an infringement on the right to self-determination of personal information by the relevant faculty members. In addition, if the personal information on whether to join an association is disclosed, the act of disclosing the instant information to the general public constitutes an infringement on the right to self-determination of personal information by the relevant faculty members. In addition, since the union members, who belong to the Plaintiff National Teachers’ Union (hereinafter “former Teachers’ Union”) may withdraw from the association, or withdraw from the association, and the Plaintiff’s former members may not join the association, the act of disclosing the instant information to the general public may interfere with the existence

The decision of the court below with the same purport is correct, and there is no error in the misapprehension of legal principles as to the infringement of the right to self-determination of personal information.

2. As to the Defendants’ ground of appeal on the part that the disclosure of the instant information was not unlawful

Where there is a conflict between the personal legal interests infringed upon by disclosing personal information without the consent of the subject of information and the legal interests that can be protected by the act of freely disclosing personal information without the consent of the subject of information surrounding a single legal relationship, the final illegality of the act should be determined by weighing and balancing the interests that can be gained by protecting the personal rights of the subject of information (nonpublic interests) and the interests that can be gained by the act of expression (nonpublic interests) by taking into account various circumstances, such as whether the individual is a public figure, the public nature and public interest of the personal information, the reasonableness of the purpose, procedure and form of use of the personal information collection, the necessity for using the personal information, and the nature and contents of the benefits infringed upon by the use of the personal information, etc. (see, e.g., Supreme Court en banc Decision 2008Da42430, Sept. 2,

In light of the above legal principles, the following circumstances acknowledged by the reasoning of the lower judgment and the record, namely, ① the information of this case is disclosed in violation of the purpose upon request of the Minister of Education, Science and Technology at the time of confirming whether Defendant 1, who had been a member of the National Assembly at the time, has disclosed the information about the current status of school teachers' organization and teachers' membership pursuant to Article 5 of the Act on Special Cases Concerning the Disclosure of Information by Education-Related Institutions, and Article 3(1) [Attachment 1] of the Enforcement Decree of the same Act, and ② the teacher’s membership in the Plaintiff Cho Jae-chul cannot be deemed as having infringed upon the student’s right to teach and the educational rights of the parents. ③ Even if the contents of the education of the faculty members of this case violate the student’s right to learn or the education rights of parents, it is not necessary to disclose the information to other students or parents of this case. ④ Even if there is no possibility that disclosure of the information of this case’s interest can be widely disclosed due to the Defendants’ disclosure of the information of this case.

In the same purport, the judgment of the court below that the defendants' disclosure of the information of this case was unlawful is justified, and there is no error in the misapprehension of legal principles as to the balancing of interests, as alleged in the

3. As to the part of the grounds of appeal by Defendant Dong-acom Co., Ltd. (hereinafter “Defendant Dong-acom”) that the computation of consolation money is unlawful

The amount of consolation money for mental suffering and intangible damage suffered by infringement of fundamental rights by tort can be determined at the discretion of the fact-finding court in consideration of all the circumstances shown in pleadings.

Examining the relevant evidence in light of the records, the lower court’s determination on the amount of consolation money is within the scope acceptable and cannot be deemed significantly unreasonable in light of the principle of equity. Therefore, the allegation in the grounds of appeal on this point cannot be accepted.

4. Regarding the plaintiffs' grounds of appeal

The indirect compulsory compensation is not attributable to the national treasury after the debtor was collected from the debtor, but is paid to the creditor to compensate for damages caused by the debtor's failure to perform his/her duty of action.

After finding facts as indicated in its reasoning based on evidence, the lower court determined that each of the damage claims against Defendant 1 by the designated parties to the provisional injunction applicant against Defendant 1 was completely extinguished by appropriating each of the indirect compulsory damages that the designated parties received from Defendant 1, as long as it is evident that each of the indirect compulsory damages amounting to KRW 283,501, which the designated parties received from Defendant 1, exceeds KRW 100,000,000.

In light of the above legal principles and records, the above determination by the court below is correct, and contrary to the allegations in the grounds of appeal, there are no errors of misapprehending the legal principles on the legal nature of indirect compulsory compensation

5. Conclusion

Therefore, all appeals are dismissed, and the costs of appeal between the plaintiffs and defendant Dong-a-com are assessed against each party. The costs of appeal between the plaintiffs and defendant Dong-a-com are assessed against each party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

[Attachment] List of Appointeds: Omitted

Justices Lee In-bok (Presiding Justice)