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| TITLE | Supreme Court Decision 2023Do18539 Decided June 26, 2025 【Violation of the Personal Information Protection Act】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] Meaning of “use” of personal information under Article 18(1) of the former Personal Information Protection Act and method of determining whether a certain act constitutes the use within the confines of the said Article [2] In a case where: (a) Defendant Party A, who is the director of a daycare center, watched a footage of a CCTV installed and operating within the daycare center and discovered that Party B, a teacher, used her mobile phone during work hours; (b) Defendant A informed Party D, who is in charge of the childcare business of Defendant Party C, a corporation entrusted with the management and oversight of the functioning of the daycare center, of such observation as Party B’s failure to follow work directives; and (c) Defendant A, a personal information controller, was charged with using personal information for purposes other than the original purpose for which it was collected, and Defendant C was indicted for employee Defendant A’s violation of personal information laws in relation to the work, the case holding that the lower court erred by misapprehending the legal doctrine, etc. by reaching an incorrect conclusion, by separating Defendant A’s act of giving Party D information about Party B’s work attitude, that the information was not considered personal information under the Personal Information Protection Act | |
