All
| TITLE | Supreme Court Decision 2020Do14713 Decided February 13, 2025 【Violation of the Personal Information Protection Act】 [full Text] |
|---|---|
| Summary | |
| 【Main Issues and Holdings】 [1] Where a personal information handler, a person who processes personal information under the direction and supervision of a personal information controller, such as an officer or employee, temporary agency worker, or part-time worker, receives personal information for the purpose of performing the personal information controller’s tasks, whether the personal information handler as above qualifies as a “person who receives personal information from a personal information controller” stipulated in Article 19 of the former Personal Information Protection Act (negative) [2] In a case where the criminal defendant was indicted on charges of violating the former Personal Information Protection Act on the grounds that the criminal defendant, while supervising the national university entrance exam, learned Party A’s contact information in the process of comparing it with each examinee’s admission ticket for examination after receiving an examinee’s application form containing his or her personal information and used the above information to add Party A as a friend on KakaoTalk and then sent a message saying, “Actually, I like ○○,” using Party A’s personal information for purposes other than the original purpose for which it was provided by the personal information controller, the case holding that the lower court, which found the facts charged against the criminal defendant guilty, erred and adversely affected the conclusion of judgment by misapprehending the legal doctrine regarding the meaning of a “person who receives personal information from a personal information controller” stipulated in Article 19 of the former Personal Information Protection Act | |
