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(영문) 대법원 2019.10.31 2017다232501
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 assertion that the duty to disclose a written request for provision of communications data based on Article 30(2)2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Information and Communications Network Act”), the lower court determined that the “current Status” that the investigative agency, etc. used personal information or provided it to a third party under Article 30(2)2 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 written request for provision of communications data, stating the reason for requesting the submission of communications data to the telecommunications business operator pursuant to Article 83 of the Telecommunications Business Act, the relation

In light of the relevant legal principles and records, the above determination by the court below is acceptable, and there is no error by misapprehending the legal principles on the interpretation of Article 30 (2) 2 of the Information and Communications Network Act, which affected the conclusion of the judgment.

2. On the grounds as indicated in its reasoning, the lower court rejected the Defendant’s assertion that the Plaintiff has a duty to disclose a written request for provision of communications data, based on the duty of care as a custodian of personal information under Article 30(2)1 of the Information and Communications Network Act, Article 4 subparag. 1 of the Personal Information Protection Act, and Article 4 of the Act.

In light of the relevant legal principles and records, the above determination by the court below is acceptable, and it did not err by misapprehending the legal principles as to incidental duties in the contract for the use of mobile communications services under the Information and Communications Network Act, and thereby affecting the conclusion of the judgment.

3. Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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