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(영문) 부산고등법원 2018.01.25 2017나55155
개인정보 제공금지의 소송
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

[Claim]

Reasons

1. The reasoning of the judgment of the court of first instance concerning the instant case is as follows, except where the court added the judgment on the Plaintiff’s additional assertion, and thus, it is identical to the reasoning of the judgment of the court of first instance. Thus, this is cited by the main sentence of Article 420 of the Civil Procedure Act.

【Article 81(1)3 of the Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14943, Oct. 24, 2017; hereinafter the same) of the first instance judgment 【Article 81(1)3 of the Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14943, Oct. 24, 2017; hereinafter the same) 【Article 81(1)3 of the Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents (Article 81(1)3 of the Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents) 【Article 81(1)3 of the former Act on the Maintenance of

【The attached portion】 The Plaintiff asserts that the Plaintiff’s address and telephone number other than the Plaintiff’s resident registration number should be disclosed to the public within the minimum scope of infringement upon the Plaintiff’s interest, considering the purport of the Personal Information Protection Act.

However, in light of the following circumstances, it cannot be said that the Plaintiff’s disclosure of related data including the address and telephone number pursuant to Article 81(6) of the former Act violates the purpose of the Personal Information Protection Act.

The plaintiff's assertion is without merit.

(1) Article 81(3) of the former Urban Improvement Act (amended by Act No. 11293, Feb. 1, 2012) prescribed necessary matters concerning the scope of and procedures for the disclosure and public inspection of documents and related materials under Article 81(1) as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.

Accordingly, the former Enforcement Rule of the Urban Improvement Act (amended by Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 506 on August 2, 2012) provides that the public disclosure of documents and related data should be excluded from the name, resident registration number and address.

However, Article 81 (3) of the former Act on the Maintenance and Improvement of Urban Areas (amended by Act No. 11293, Feb. 1, 2012) provides "public disclosure, perusal, etc.".

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