logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2018.05.30 2015다251539
손해배상(기)
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Regarding ground of appeal No. 1

(a) The term "location information" means information about a place where a portable object or an individual exists or existed at a certain time, which is collected using telecommunications equipment and facilities or telecommunications line equipment and facilities defined in subparagraph 2 or 3 of Article 2 of the Telecommunications Business Act;

(Article 2 subparag. 1 of the Act on the Protection, Use, etc. of Location Information. “Personal Location Information” includes information about a place where a certain individual exists or existed at a certain time, which can easily identify the location of a particular individual by combining with other information, even if location information alone is not sufficient to identify the location of the particular individual.

(Article 2 subparag. 1 and 2 of the former Act on the Protection, Use, etc. of Location Information (amended by Act No. 11423, May 14, 2012; hereinafter “former Location Information Act”) provides that no one shall collect location information of an individual or mobile object without the consent of the individual or owner of the location information, and that, where a location information provider intends to collect personal location information, it shall obtain the consent of the subject of personal location information, and is subject to criminal punishment if it violates such provision.

(See Articles 15(1), 18(1), 39, and 40. Where a person collects personal location information without the consent of the subject of location information, damage resulting from the collection of location information is likely to be identified by the subject of location information, whether the person who collected the information has access to the collected location information, whether the collection of location information has been made use of the collected location information, whether the collection period is a long-term period, the details of the collection of location information, and the circumstances in which the collected information has been managed.

arrow