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(영문) 서울고등법원 2019.12.20 2018나2038780
통신자료제공요청서 공개청구의 소
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is dismissed.

Reasons

1. Quotation of judgment of the first instance;

A. The reasons why the court should explain the cited part of this case are as follows.

As stated in paragraph (2), the judgment of the court of first instance is modified and the judgment in the court of first instance is added as it is the same as that of the judgment of the court of first instance, and this is cited by the main sentence of Article 420 of the Civil Procedure Act.

(b) to delete the 13th 2 to 4, while changing the 7th 12 to 2nd 12th e.g., the amended part of the first instance trial to the 12th e.g. “.,”

“2) However, considering the following circumstances, the Defendant is obligated to disclose to the Plaintiff, a user, a written request for provision of communications data or a reason for requesting the submission of communications data, relationship with the relevant user, the scope of necessary data, etc.

Inasmuch as the Plaintiff cannot be deemed to have the right to file a claim against the Defendant for disclosure of the details stated therein (see Supreme Court Decisions 2017Da232402, Oct. 31, 2019; 2017Da232501, Oct. 31, 2019). This part of the Plaintiff’s assertion cannot be accepted. Article 30(2)2 of the Information and Communications Network Act provides for “the status of personal information provided to a third party” as one of the subject matters for which a user’s right to request perusal is recognized. However, the request for provision of communication data stipulates “the status of personal information provided to a third party” under Article 83(3) of the Telecommunications Business Act. Considering that the institution, etc. that requested for provision of communication data fails to secure personal information or communications data necessary for a trial, investigation, etc. of the relevant user’s name, resident registration number, etc., the relevant user’s request for request for provision of communication data, relation with the relevant user, scope of necessary data, etc.

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