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TITLE | Supreme Court Decision 2017Do15226 Decided December 27, 2018¡¼Violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Information and Communications Network Intrusion, etc.)¡½ [full Text] |
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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 ¡ª 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 ¡ª 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) |