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(영문) 서울중앙지방법원 2017.12.22 2016가단5118489
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On November 30, 2015, based on Article 83(3) of the Telecommunications Business Act, a police officer affiliated with the Seoul Regional Police Agency requested the provision of each communication data to a document number A, document number B and C, document number B and C, E, and F (hereinafter “communication officers”) on December 2, 2015.

B. On December 1, 2015, the police officer belonging to the Seoul Southern Police Station requested the provision of each communication data to the radio operators with document number G and document number H on December 4, 2015, based on the provision of the same Act.

C. Upon the request for the provision of the above communications data, the communications companies provided the Plaintiffs’ communications data, namely, names, resident registration numbers, addresses, telephone numbers, and subscription dates, as listed below, to the Seoul Regional Police Agency and the Seoul Southern Coast Guard.

Plaintiff

(2) On December 1, 2015, on December 1, 2015, 2015, the following facts: (a) No. 13 B G GH on November 30, 2015; and (b) the provision of communications data: (c) on December 1, 2015, i) on December 2, 2015, J3 5 M 6N 7O 8 P 10 R 12 T 13 U 14 V 14 V 15 M 16 A 17Y 18 Z 19 AB 20 AB 21C [based on recognition]; (d) on December 1, 2015, i) the entry in the evidence No. 1 (including the serial number; hereinafter the same shall apply); and (e) the purport of the entire pleadings;

2. The plaintiffs' assertion and judgment

A. The summary of the Plaintiffs’ assertion should be limited to the extent necessary to exercise the public authority premised on the exercise of the State’s penal authority.

However, the Seoul Special Metropolitan Police Agency, which belongs to the Defendant, requested more than 80 communications data on November 30, 2015, including 60 document numbers A, and 80 communications data on December 2, 2015, respectively, and the Seoul Seoul Northern Police Agency requested more than 60 communications data on December 1, 2015, and more than 80 document numbers H on December 4, 2015.

Even though the police officers of the above occasional institutions received communication data from the plaintiffs upon the above request, they did not conduct investigations into the plaintiffs.

The above wide range of request for communication data and the act of receiving such request shall be subject to investigation.

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