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| TITLE | Supreme Court Decision 2017Do16520 Decided December 12, 2019 【Violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Information and Communications Network Infringement, etc.)】 [full Text] |
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[1] Whether exclusively an act of conveying or spreading malicious programs may serve as the basis for readily concluding that a person committed a violation of Article 71 Subparag. 9 and Article 48(2) of the former Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (affirmative) and whether the conveyance or dissemination of malicious programs is required to result in damage, destruction, alteration or fabrication, or interference in the operation, of an information and communications system (negative) Standards of determining whether the program corresponds to such “malicious programs” [2] In the case where the Defendants were indicted in violation of the former Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. on the grounds that they disseminated malicious programs that may obstruct the operation of an information and communications system without a justifiable ground by selling multiple programs designed to perform automatically repeated actions such as making postings, writing comments and sending messages and invitations on NAVER Caf?s or Blogs through the use of functions including automatic membership registration, automatic visit and neighbor request, the case holding that it is difficult to readily conclude that the aforementioned programs correspond to “malicious programs” stipulated in Article 48(2) of the same Act |
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