Supreme Court: "Corporate Card Usage Records Are Subject to Confidentiality Under the Real Name Financial Transaction Act"

[Asia Economy Reporter Kim Hyung-min] In a case where a labor union chairman was prosecuted for "violating the Real Name Financial Transaction Act" after obtaining and viewing the usage details of a company corporate card, the Supreme Court ruled that "corporate card usage statements are also subject to confidentiality protection under the Real Name Financial Transaction Act."

The Supreme Court's 2nd Division (Presiding Justice Park Sang-ok) overturned the lower court's ruling that partially acquitted A, the former labor union chairman at Konkuk University, who was indicted for violating the Act on Real Name Financial Transactions and Confidentiality, and remanded the case to the Seoul Central District Court with a guilty verdict on June 3.

The key issue in this case was whether the corporate card usage statement falls under the "repayment and income of financial assets" explicitly protected by confidentiality under the Real Name Financial Transaction Act, and the Supreme Court ruled that it does.

The court focused on the fact that credit card transactions create debts between the credit card company and merchants, as well as between the credit card company and cardholders, resulting in monetary income and repayment.

A was prosecuted for requesting and receiving the corporate card usage statements of the former president of Konkuk University and the former chairman of the school foundation through the Shinhan Card call center in April 2013.

It was investigated that A sought to confirm an inappropriate relationship between the former chairman and the former president based on the corporate card usage statements received from the credit card company.

The first trial court found it difficult to recognize A's right to receive the corporate card usage details used by the university president and the foundation chairman, and sentenced A to eight months in prison, finding the act of viewing the corporate card details guilty.

The second trial court upheld the first trial's judgment on A's defamation charge but acquitted A of the charge related to receiving the corporate card usage details from the credit card company.

The court stated that merely because the information is related to card usage and approval details, it is difficult to consider it as electronic financial transaction information that is unconditionally subject to confidentiality protection, and reduced the sentence to eight months in prison with a two-year probation.

Meanwhile, B, the then chairman of the Professors' Council, and C, the chairman of the Alumni Professors' Council, who were indicted alongside A, had their original sentences of a 7 million won fine each upheld by the Supreme Court.

This content was produced with the assistance of AI translation services.