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(영문) 서울서부지방법원 2016.12.15 2016가합33820
통신자료제공요청서 공개청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

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

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

C. Around March 2016, the Plaintiff requested the Defendant to disclose the details of the Plaintiff’s provision of communications data to a third party. Around that time, the Defendant provided the Plaintiff with a “written confirmation of the provision of communications data” with the content that there was a total of three provision between November 10, 2015 and December 23, 2015 (hereinafter “instant provision of communications data”).

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Article 2 (Definition of the Information and Communications Network Act) (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter referred to as the “Information and Communications Network Act”) 1 of the same Act is

6. The term "personal information" means the information pertaining to an individual who is alive, which contains the code, letter, voice, sound, image, etc. that makes it possible to identify a specific individual by his/her name, resident registration number, etc. (including the relevant information, if it is impracticable to identify a specific individual by itself, but it can be easily combined with other information);

Article 30 (Rights, etc. of Users) (1) A user may withdraw consent of a provider, etc. of information and communications services to collect, use, provide, etc. personal information at any time.

(2) A user may request a provider, etc. of information and communications services to allow him/her to peruse or provide any of the following matters with respect to him/her and may request the correction of errors, if any:

1. Personal information of users of information and communications services, etc.;

2. Personal information of users by providers of information and communications services;

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