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(영문) 서울행정법원 2013.05.02 2012구합21154
시정조치등취소
Text

1. Attached Form that the Defendant rendered to the Plaintiff on June 19, 2012

1. The imposition of penalty surcharge shall be revoked;

2. The plaintiff's remainder.

Reasons

Details of the disposition

The Plaintiff is a provider of information and communications services under the former Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (amended by Act No. 11690, Mar. 23, 2013) (hereinafter “Information and Communications Network Act”) that provides users with economic benefits at the request of a trader, such as an insurance company, by providing database, online data provision business, online advertising business, etc., and operates business in the form of collecting user’s personal information to be used as telemarketing data and providing it to the trading company that requested the event.

On June 19, 2012, the Defendant rendered each disposition to the Plaintiff on the ground that the Plaintiff violated Articles 22, 24-2, 28, 30, and 31 of the Information and Communications Network Act, as stated in the following column of facts of violation of the Act and the grounds for judgment:

Ⅰ. Violation of the Act and the grounds for determination ① The Plaintiff collected user personal information (name, resident registration number, house number, cell phone number, e-mail, etc.) from February 21, 2008 to February 15, 2012 from 33,491,340 users through the distribution of the web site, including open market, the press organization, and the portal and the e-mail pop-up shop, and from 26,304,653 users of this case without explicit consent by deeming the “verification” to have consented to the collection items and purpose of personal information, and the retention period without any consent from the user. ② The Plaintiff violated Article 22(1) of the Information and Communications Network Act without obtaining explicit consent from February 21, 2008 to 17,421,50 users’ personal information from February 15, 2012 to February 15, 2012.

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