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(영문) 전주지방법원 2015.05.22 2015노207

개인정보보호법위반등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of the grounds for appeal;

A. As to the violation of the Personal Information Protection Act, the Defendant obtained comprehensive and implied consent from F, etc., who is an employee of a limited partnership company D (hereinafter “D company”), to use personal information such as his/her name, resident registration number, address, etc., and the Defendant used personal information such as F, etc. for the legitimate interest of his/her debt repayment. Thus, the Defendant’s use of personal information such as F, etc. does not constitute a crime of violating

B. As to the violation of the Resident Registration Act, the Defendant’s use of his resident registration number from F, etc. was comprehensively and explicitly permitted by F, etc., and the Defendant used F, etc.’s resident registration number to specify the third debt in the course of applying for the assignment order of claims seizure and assignment order. Thus, Defendant’s use of F, etc.’s resident registration number does

2. Determination

A. As to the argument on the violation of the Personal Information Protection Act, the Defendant asserted that he/she obtained comprehensive and implied consent from F, etc., who is an employee of the D company, to use personal information, such as his/her name, resident registration number, etc., but there is no evidence to acknowledge it, and even if N.F, etc. consented to the Defendant’s use of personal information such as his/her resident registration number, it shall be deemed that F, etc. consented to the use of the above personal information within the necessary scope in a labor contract relationship, such as personal information or management of work status, etc., as the relationship between F, etc. as an employee of the D company, and it shall not be deemed

However, the defendant's personal information such as F's resident registration number is the personnel of F's personal information.

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