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(영문) 서울중앙지방법원 2018.09.18 2018나7930
손해배상(기)
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning of this court’s judgment cited in the first instance judgment is either dismissed or added as set forth in the following 2, and the argument that Defendant A emphasizes or added to this court is cited as the ground of the first instance judgment, except for the addition of the following “3. Additional Judgment”, thereby citing it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Of the judgment of the first instance, the part which is dismissed or added, the part 2nd page 14 (hereinafter “A”) among the judgment of the first instance is dismissed as “Defendant A” (hereinafter “Defendant A”), and the second page 16 “B” (hereinafter “Defendant B”) as “Defendant B.”

Part 5 of the judgment of the first instance, Part 20 "M" shall be deemed to be "G".

The following shall be added between 12, 16 and 17 of the first instance judgment:

Article 29 of the former Personal Information Protection Act (amended by Act No. 13423, Jul. 24, 2015; hereinafter the same) and Article 9 of the Personal Information Protection Act (amended by Act No. 13423, Jul. 24, 2015; hereinafter the same) provide that a personal information manager shall install and operate security programs such as white software that can prevent and treat malicious programs, etc.

On the other hand, Defendant A’s restriction on prohibiting the use of the usage by linking the USB camera to a computer for business purposes through its security program, in light of the following: (a) the storage of personal information in the computer for business purposes and the activation of the functions of the USB camera, there is a very high risk of leakage of personal information by using the USB camera that can be easily carried in and taken out; (b) the size of the device itself is small and that there is a limit to blocking the initial entry and taking out of the USB camera itself so that it can be mistaken for other goods; and (c) the possibility of leakage can be easily predicted by storing personal information, etc. on the computer for business purposes in the USB camera.

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