고속도로 소음 관리 주체 방음대책 이행의무 존재하지 않는다 판결 이끌어 | |||
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법무법인 제이피는 고속국도 주변에 건설된 아파트 입주민들이 소음으로 인한 환경상의 생활이익 침해가 문제된 채무부존재확인 소송에서 원고인 한국도로공사를 대리하여 원고에게 고속도로 소음 관리 주체 방음대책 이행의무가 존재하지 않는다는 파기 환송 판결을 이끌어냈습니다.
이 사건에서 저희 법무법인 제이피의 공사・지자체 팀이 주도적으로 소송을 진행하였고, 담당 변호사들은 고속국도 및 아파트 건설에 관한 높은 전문성과 환경법 법리에 대한 정확한 이해를 바탕으로 한국도로공사에게 방음대책 이행의무가 존재하지 않는다는 주장을 재판부에 구체적으로 현출하였으며, 한국도로공사와 협업하여 적극적으로 주장의 입증을 위하여 노력한 결과 성공적인 결과를 낼 수 있었습니다.
https://www.lawtimes.co.kr/Legal-News/Legal-News-View?serial=96006
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JP Law Firm (the "JP") establishes and publishes a privacy policy (the "This Policy") to protect the privacy and interests of the subjects of infromation and to facilitate the handling of the grievances of the subjects of information in accordance with the relevant laws.
Article 1 [Management of items of personal information, purpose of management, and retention period of personal information]
① Items of personal information, purpose of management, management, and retention period of personal information managed by JP are as follows:
[Mandatory] : Name, date of birth, contacts (address, telephone number, e-mail, etc.) photos, gender, educational background, history and training, experience, motivation, and self-introduction
[Optional] : Information and notes on family matters, awards, foreign language and qualifications and licenses, and other submission documents
[Mandatory] : Name, date of birth, contact (address, telephone number, e-mail, etc.) photo, gender, educational background, history and training, experience, motivation, and self-introduction
[Optional] : Information and notes on family matters, awards, foreign language and qualifications and licenses, and other submission documents
② JP does not collect sensitive information that may infringe upon the privacy of the subject of information, and if necessary, collects it with separate consent from the subject of information and uses it only for the consented purpose. However, JP checks the accuracy and updates sensitive information periodically.
Article 2 [Disclose personal information to a third party]
① In principle, the personal information of the subject of information is managed within the scope of purposes specified in Article 1, and the personal information shall not be managed beyond the original scope or shall not be disclosed to a third party without prior consent of the subject of information. However, in the following cases, personal information may be disclosed for other purposes or disclose to a third party, only when the subject of information or third party's interests may be infringed substantially and unfairly.
② When JP obtains consent under paragraph 1., JP shall inform the subject of information the following matters. If any of the following changes are made, JP informs and obtains consent from the informant/subject of information:
Article 4 [Rights and obligations of the subject of information and methods of execution]
① The subject of information can exercise its right to protect his/her personal information, such as requiring the access limits, correction, deletion and suspension of personal information, as provided under the applicable laws, such as the Personal Information Protection Act.
② The exercise of rights under paragraph 1 may be conducted either by the legal representative of the subject of information/informant or by a person who has been authorized. However, in case where authorized person exercises the right to protect personal information on behalf of subject of information/informant, proper power of attorney shall be submitted to the JP according to the Enforcement Rules of the Personal Information Protection Act.
③ With respect to exercise of subject of information/informant, JP will take immediate action according to applicable laws, such as the Personal Information Protection Act.
Article 5 [Destruction of personal information]
① In principle, when personal information is not necessary, such as when the purpose of managing personal information has been achieved, JP destroys the personal information.
② To comply with applicable law, in case where JP must retain the personal infromation, JP retains the personal information separately from other personal information.
③ JP weeds the personal information out if the personal information raises causes of destruction after JP obtains approval from the person in charge of personal information protection (management).
④ If the personal information to be destroyed is in electronic file form, JP shall destroy permanently in a way that cannot be restored. For other forms; records, printed materials, written materials, and other recording media are shredded or burn.
Article 6 [Measures to secure the safety of personal information]
JP is taking necessary steps to ensure the safety as follows:
Article 7 [Changing the privacy policy]
his policy can be changed according to the applicable laws, guidelines, internal, and regulations of JP, and in case where this privacy policy is changed, the timing of change, and the changes will be disclosed on the website (http://www.jplaws.com/). The changes will be compared as before and after changed for comfortable reading of the subject of information.
Article 8 [Remedies for infringement of rights]
If you need to report or consult a personal information violation, please contact the following agency:
Article 9 [Personal Information Protection Director]
All contents of this website are for the purpose of introducing a law firm and are not provided for legal advice or interpretation of specific matters.
If you use our website, please consult our legal counsel before taking any actions based on the contents on this website.
In addition, other websites and materials linked to this website are provided for the convenience of users. Based on the contents posted on our website, we will declare once again that we are not responsible for the consequences of any act or omission.