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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Case history
A. The Plaintiff is a personal business operator who sells mobile communications services under the trade name of “B,” and is entrusted with the management of personal information by a telecommunications business operator pursuant to Article 25 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Information and
Article 28(1)2 of the Information and Communications Network Act that collects and uses a user's resident registration number without any legal basis, and fails to apply a safe method of certification by simply allowing a user to use a ID/samper when accessing the personal information processing system in the outside of Article 23-2(1)2 of the Information and Communications Network Act; Article 28(1)2 of the Information and Communications Network Act; Article 15(2)1 of the Enforcement Decree of the same Act; Article 28(1)4 of the Information and Communications Network Act; Article 15(4)2 and 4 of the Enforcement Decree of the same Act; Article 15(4)4 of the Information and Communications Network Act; Article 28(1)4 of the Information and Communications Network Act; Article 15(4)35 of the Enforcement Decree of the same Act; and Article 29(1)1 of the Information and Communications Network Act that stores personal information on computers, etc. without destroying such information;
B. On May 12, 2017, the Defendant conducted a fact-finding survey on the handling and operation of personal information against the Plaintiff, and as a result, discovered the following violations of the Information and Communications Network Act.
C. On July 10, 2017, the Defendant sent to the Plaintiff a “prior notice on the corrective measures (draft) against the violator of the Personal Information Protection Act” and received the Plaintiff’s opinion thereon on July 24, 2017.
In accordance with Article 76(1)2 and 3 of the Information and Communications Network Act and Article 74 [Attachment 9] of the Enforcement Decree of the same Act on the ground that the Plaintiff committed the act of violating the said Act on January 29, 2018, the Defendant KRW 20 million to the Plaintiff in accordance with the “Standards for Imposition of Administrative Fines”.