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(영문) 광주지방법원 2015.09.23 2015고정1313

개인정보보호법위반

Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The defendant is a person who manages the personal information of the occupants by acting as the chairperson of the council of occupants' representatives in Gwangju Northern-gu, the defendant was suspected of voluntarily spent the medical expenses of the victim D from the previous chairperson of the council of occupants' representatives in the public fund. On March 7, 2015, the defendant posted a written resolution of expenditure stating the name of the victim and the account number of the national bank, and the new bank receipt on the first floor bulletin board of 13 apartment units in order to inform the occupants of the fact that the defendant had not spent the medical expenses voluntarily.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on D’s statement (the contents of the notice are personal information under the Personal Information Protection Act; however, it does not correspond to a person who manages or was in charge of personal information; it merely received personal information from an employee of the above apartment management office and posted it. However, it is clear that the employee of the management office is the personal information manager; according to Article 56(2) of the Housing Act, the management office is actually executed by the institution that executes the matters resolved by the council of occupants’ representatives in connection with the operation, etc. of the apartment. Thus, the president of the council of occupants’ representatives, who is the resolution office, has the right to manage or supervise the employees of the management office. Thus, the chairman of the council of occupants’ representatives, as a matter of course, has the right to manage or supervise the employees of

1. Article 71 subparagraph 5 of the Personal Information Protection Act and subparagraph 2 of Article 59 of the same Act concerning facts constituting an offense and the selection of penalties;

1. A fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day);

1. The crime of Article 59(1) of the Criminal Act of suspended sentence is committed.