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| TITLE | 【Syllabus of Latest Opinion】 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 the “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 confine of the said Article [2] In a case where: (a) Defendant Party A, who is the center director of a daycare center, watched a CCTV footage installed and operating within the daycare center, to discover that Teacher B used her mobile phone during work hours; (b) Party A informed Party D, who is in charge of the child care 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 directives; and (c) Defendant Party 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 Party C was indicted for Defendant A’s violation of personal information laws in relation to the work, the case holding that the lower court erred by misapprehending 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 | |
