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(영문) 서울중앙지방법원 2016.10.11 2016가합529937
통신자료제공요청서 공개청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant is a telecommunications business operator under the Telecommunications Business Act, and a provider of information and communications services under the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Information and

B. The Plaintiff entered into a contract for mobile phone use with the Defendant and uses mobile phone services.

C. On March 4, 2016, the Plaintiff requested the Defendant to inform that he/she had provided his/her communications data to a third party, and the Defendant responded that there was a total of seven provision from June 17, 2015 to February 22, 2016 (hereinafter “instant provision of communications data”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to Article 83(3) and (4) of the Telecommunications Business Act, an investigative agency should request a telecommunications business operator to provide communications data through a written request for the provision of data, which states a reason for the request, relation with the relevant user, and the scope of necessary data.

In order to confirm and determine the necessity of each requesting agency to request the provision of communications data, whether a reason for such request is unlawful or inappropriate, whether a reason for such request is unlawful or inappropriate, and whether the relation with a user is legitimate, it is necessary to confirm a request for provision of communications data that each requesting agency has sent to the defendant. In accordance with the request for provision of communications data, the plaintiff's personal information that has provided any information for any reason.

Therefore, pursuant to Article 30(2) of the Information and Communications Network Act, the Defendant should disclose to the Plaintiff a written request for communications data.

3. Attached Form 2 of the relevant Acts and subordinate statutes shall be as follows;

4. In the above acknowledged facts, the Defendant provided the Plaintiff with the current status of providing communication data pursuant to Article 30(2) of the Information and Communications Network Act.

In this regard, the plaintiff is further provided in the Information and Communications Network Act.

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