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(영문) 대법원 2016.06.28 2014두2638
시정조치등취소
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

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

1. As to whether the Plaintiff should obtain consent from the user in collecting and providing personal information (ground of appeal No. 8)

A. (1) Prior to the amendment by Act No. 11690 on March 23, 2013, the Plaintiff constitutes a provider of information and communications services (1)

The Information and Communications Network Act (hereinafter referred to as “Information and Communications Network Act”).

Article 2(1)3 of the Telecommunications Business Act provides that the term “user of information and communications services” refers to a telecommunications business operator under Article 2 subparag. 8 of the Telecommunications Business Act and a “person who provides or arranges the provision of information through telecommunications services by a telecommunications business operator for profit,” and subparagraph 4 of Article 2 provides that “user” refers to a person who uses information and communications services provided by a provider of information and communications services. (2) The lower court determined that the Plaintiff constitutes a “user of information and communications services” who provides or arranges the provision of information on the instant event on a commercial basis through telecommunications services provided by a telecommunications business operator for profit, and that the person who provided or arranges the provision of information on the instant event in connection with the instant event on a commercial basis constitutes a “user of information and communications services” using the information and communications services provided by the Plaintiff. (3) Examining the reasoning of the lower judgment in light of the relevant legal provisions and records as seen in the grounds for appeal, the lower court is justified, and there is no error in the misapprehension of legal principles as to the interpretation and application of user under the Personal Information Protection Act.

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