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| TITLE | 【Syllabus of Latest Opinion】 Supreme Court Decision 2022Do16512 Decided September 4, 2025 【Violation of the Act on Real Name Financial Transactions and Confidentiality】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] Meaning of any “person who comes to know transaction information, etc. pursuant to each subparagraph of paragraph (1)” stipulated in Article 4(4) of the former Act on Real Name Financial Transactions and Confidentiality (held: person who learns of transaction information, etc. by reason of the grounds stipulated in each subparagraph of Article 4(1) of the said Act), and whether the party to the relevant lawsuit or their legal representative, etc. who have learned of transaction information, etc. upon a financial institution, etc.’s submission of the information with the court in response to an order for the provision of transaction information based on Article 4(1)1 of the said Act during litigation constitutes thereof (affirmative) [2] Whether the crime of violation of Article 71 Subparag. 2 and Article 19 of the former Personal Information Protection Act is established when the defendant is provided with personal information from the “personal information controller” (affirmative) Whether the party to the relevant lawsuit or their legal representative, etc. who have confirmed transaction information, etc. and come to know thereof during litigation, upon the transfer of the transaction information, etc., which constitutes personal information, from a financial institution, etc., the personal information controller, to the court that has accepted the lawsuit upon the court’s order for the provision of transaction information based on Article 4(1)1 of the former Act on Real Name Financial Transactions and Confidentiality is considered the “person who receives personal information from a personal information controller” under Article 19 of the former Personal Information Protection Act (affirmative) [3] In a case where, despite Article 19 of the former Personal Information Protection Act, documents relating to proceedings or evidence containing financial transaction information or personal information are submitted to the court for purposes of substantiating an argument necessary for litigation or exercising a right of defense against criminal charges during litigation, or where evidentiary materials containing financial transaction information or personal information are submitted to investigative authorities to account for criminal charges or exercise a right of defense in the accusation or investigation stage, whether these submissions are considered not against societal rules and norms, and, accordingly, whether the unlawfulness thereof may be cancelled (affirmative), and standards for determining whether any presentation of such materials falls under justifiable acts | |
