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TITLE | Supreme Court Decision 2022Du68923 Decided October 12, 2023 ¡¼Lawsuit Seeking Revocation of the Disposition of Correction Order, Etc.¡½ [full Text] |
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Summary | |
¡¼Main Issues and Holdings¡½ [1] The nature of penalty surcharges imposed in relation to acts stipulated in each subparagraph of Article 64-3(1) of the former Act on Promotion of Information and Communications Network Utilization and Information Protection Any profit of which the above Act intends to deprive the person by imposing penalty surcharges on the person stipulated in Subparag. 6 of the above Article When calculating the related sales to impose the above penalty surcharges, the standard of determining the scope of ¡°services which are directly or indirectly affected by a violation¡± [2] Matters to be considered when determining the amount of penalty surcharges imposed on a violation of duty to take measures to protect personal information in accordance with Articles 64-3(1) of the former Act on Promotion of Information and Communications Network Utilization and Information Protection and where the amount of penalty surcharges is heavy in comparison to the details of the violation and thus loses its validity remarkably by social norms, whether such imposition disposition of penalty surcharges is illegal (affirmative) |