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(영문) 대법원 2019.10.31 2017다232402

통신자료제공요청서 공개청구의 소

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal on the duty to disclose, such as a written request for provision of communications data under Article 30 (2) 2 and (4) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., the lower court determined, on the grounds stated in its reasoning, that “the current status of provision of personal information to a third party,” where the Plaintiff, a user of information and communications services, can request perusal and provision of information to the Defendant, who is a provider of information and communications services pursuant to Article 30 (2) 2 and (4) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Information and Communications Network Act”), does not include a request for provision of communications data by an investigative agency, etc. pursuant to Article 83 (3) of the Telecommunications Business Act, and a request for submission of communications data, which

The judgment below

In addition, the court below did not err by misapprehending the legal principles on the interpretation of Article 3(2)2 of the Information and Communications Network Act, contrary to what is alleged in the grounds of appeal, in light of the prior meaning of “current Status” under Article 30(2)2 of the Information and Communications Network Act, balancing interests among the public interests that maintain social order through the protection of the right to self-determination of personal information and the secure of secrecy in investigation, and comparison with the post-notification information in the provision of communication confirmation data under Article 13-3

2. As to the remaining grounds of appeal, the lower court, on the grounds indicated in its reasoning, did not constitute “personal information” of the user under Article 2(1)6 of the Information and Communications Network Act, and thus, is obligated to disclose a written request for provision of communications data to the Plaintiff pursuant to Article 30(2)1 and (4) of the Information and Communications Network Act.