All
| TITLE | Supreme Court Decision 2022Do9877 Decided October 27, 2022 【Violation of the Act on the Aggravated Punishment of Specific Crimes (Retaliatory Intimidation) (Name of Partly Acknowledged Crime: Intimidation); Violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection (Defamation); Violation of the Act on Special Cases Concerning the Punishment of Sexual Crimes (Taking and Distributing Photographs or Videos by Using Cameras); Violation of the [full Text] |
|---|---|
| Summary | |
| 【Main Issues and Holdings】 [1] Meaning of “any wiretapping of telecommunications” Even if a third party listened to or recorded the sounds or images of the communications with the consent of one of the communication parties, if there is no consent of the other party, whether the third party’s act corresponds to a violation of Article 3 Subparag. 1 of the Communications Secrets Protection Act (affirmative) [2] As a broadcaster broadcasts voices or motion pictures in real time or in a recorded form by using the server of the platform company for the Internet personal broadcasting, which is an Internet service provider or online service provider, through the Internet, the Internet personal broadcasting that allows many and unspecified persons to receive and watch them may be included in telecommunications in light of its nature or Article 2 Subparag. 3 of the Communications Secrets Protection Act (affirmative) Where a broadcaster of the Internet personal broadcasting transmits his/her broadcast after keeping his/her broadcast private by setting up any password, whether a person who did not get permission from the broadcaster corresponds to “a third party,” other than the party of the corresponding Internet personal broadcasting, (affirmative) and whether the third party’s act of watching or recording the Internet personal broadcasting kept private through abnormal means may correspond to wiretapping under the Communications Secrets Protection Act (affirmative) Even though a broadcaster of the Internet personal broadcasting, who transmits his/her broadcast while keeping his/her broadcast private, was aware, or should have been aware, of the fact that a third party watches or records his/her broadcast, the broadcaster can be seen to allow or permit the third party who has not been authorized to watch or record it by continuing it without discontinuing it or preventing the third party from watching or recording it, whether the third party’s act of acquiring and recording the contents of the broadcast corresponds to any wiretapping stipulated in the Communications Secrets Protection Act (negative) [3] The subject who grants a rightful authority for access or establishes the scope of a permitted authority for access in Article 48(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection (held: service provider) Where a third party, other than a user who is authorized by the service provider, is connected to an information and communications network, standard for determining whether the third party has a rightful authority for access | |
