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(영문) 서울중앙지방법원 2014.05.20 2013가합517759
공개청구 등
Text

1. Of the instant lawsuit, Plaintiff B’s request for disclosure and Plaintiff C’s Defendant case and corporation.

Reasons

1. Basic facts

A. The Defendants are telecommunications business operators under the Telecommunications Business Act and providers of information and communications services under the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Information and Communications Network Act”).

B. Plaintiff SK, Plaintiff B with Defendant LG, and Plaintiff C entered into a mobile phone use contract with Defendant SK and LG, and use mobile phone services.

Plaintiff

C entered into a mobile telephone use contract with Defendant KT in the past and used mobile telephone services until December 2012.

C. On November 28, 2013, Plaintiff A requested Defendant SK to inform the investigative agency, intelligence agency, etc. of whether it had been or had been allowed to peruse its communications data through the customer bulletin board on the website, and the details of the provision.

In this regard, Defendant SK rejected the above contents on the ground that they should be confirmed through investigation agencies, not by communications agencies.

Plaintiff

B requested Defendant LG to provide the same content through e-mail on November 23, 2012 and February 22, 2013.

As to this, Defendant LG responded that there was no provision of the above Plaintiff’s communications data through the written response on May 21, 2013.

Plaintiff

C on January 8, 2013, the Defendants requested the same content through e-mail.

As to this, Defendant SK did not answer, Defendant GIST responded that there was no answer from May 14, 2013, and Defendant LG that there was no provision of each of the above Plaintiff’s communication data through the written response from May 21, 2013.

[Reasons for Recognition] Facts without dispute, Gap evidence 6, 7 through 9, Eul evidence 1 (including numbers, if any) and the purport of the whole pleadings

2. The summary of the Plaintiffs’ assertion is that the Defendants, who are users of information and communications services provided, disclosed the status of providing the Plaintiffs’ personal information to investigative agencies, in response to the request for provision of communications data under Article 83(3) of the Telecommunications Business

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