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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Issuance and submission of living records;
A. Defendant B, C, and Appointors D, and E (hereinafter the Defendants and the aforementioned designated parties are all at once, the Defendants, etc. were to file a claim for an adjudication on the division of inherited property with the Plaintiff and G on April 6, 2012 after her mother died.
Seoul Family Court (Seoul Family Court 2012Shap 100). In the instant case, the Plaintiff filed a claim against the Defendants, etc. for adjudication against the division of inherited property, etc.
(2012 Doz.255). (b)
Defendant C issued two copies of the Plaintiff’s living records (certificate of work performance) at H High Schools that the Plaintiff graduated from, around September 28, 2012, and submitted one copy of the Plaintiff’s living records to the above court for the Defendants, etc.
(Defendants, etc. explain that the remainder has been discarded). [The grounds for recognition] The fact that there is no dispute, each entry of Gap evidence Nos. 1, 2, and 3, and the purport of the whole pleadings.
2. In violation of Article 71 of the Personal Information Protection Act (hereinafter simply referred to as the “Act”), the Plaintiff claimed KRW 80 million as compensation for damages on the ground of Article 39 of the Act, on the ground that the Defendants illegally used the Plaintiff’s personal information and suffered enormous damages.
(The plaintiff did not make a separate argument as to the details of damages, so it is judged that the plaintiff's claim for consolation money for mental damage is judged).
A. Article 39 of the Act provides that a subject of information may claim damages against a personal information manager when the subject of information suffers damage due to a violation of the Personal Information Protection Act. Thus, even if the Plaintiff is a subject of information, it cannot be directly claimed for damages against the Defendants, other than the personal information manager, based on this provision.
B. In addition, according to Article 71 subparagraph 1 and 2 of the above Act, a person who received personal information without the consent of the subject of information (Article 17 of the Act) and a person who received personal information.