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TITLE Supreme Court Decision 2017Do15226 Decided December 27, 2018【Violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Information and Communications Network Intrusion, etc.)】 [full Text]
Summary
[1] Scope of “another person’s secret that is processed, stored or transmitted through an information and communications network,” the object of breach of Article 49 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.
Whether another person’s secret that has been processed or transmitted via an information and communications network, but stored or kept in an information and communications system of a user’s personal computer (PC), may be deemed as included in the foregoing scope (affirmative)
Meaning of “another person’s secret” as prescribed by Article 49 thereof
[2] Meaning of “infringement” and “divulgence” of another person’s secret under Article 49 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.
Whether the following interpretation ― an act by a person who, without authorized access, obtained or divulged another’s secret via using the device or platform of an information and communications network, which a user had logged in by entering his/her ID and password, without the user’s knowledge, is included in the definition of “unlawful means or method, such as intrusion into an information and communications network” that serves as a requisite to establish “infringement or divulgence of another person’s secret” under Article 49 of the Information and Communications Network Act ― contradicts the principle of no crime or punishment without the law (negative)
[3] Method of determining a justifiable act or self-defense as grounds for exemption of illegality
Requirements for acknowledgment as a justifiable act
Whether an act of defense ought to be socially reasonable to constitute self-defense (affirmative)
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