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| TITLE | Supreme Court Decision 2011Da24555, 24562 Decided May 16, 2013【Damages】 [full Text] |
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| Summary | |
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[1] The meaning of leakage of personal information protected by the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and in a case where personal information was managed and controlled by a communications service provider and was not accessed or approached by a third party, whether it can be viewed that personal information was leaked simply because the third party was in a situation where he/she was capable of accessing personal information stored by the provider (negative) [2] In a case where “C” et al., who are members of “B” corporation (whose mobile communication service provider is “A”) received a temporary ID and password from B for the purpose of website system inspection, then following the inspection B did not delete the ID and password, resulting in a situation where a member’s personal information was transferred from the server if his/her mobile phone number was entered into the aforementioned website, to which C et al. sought damages from B et al. for leaking personal information, the case holding that C et al.’s personal information was not in a situation where they were accessible to third parties for not being under B’s management and control |
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