개인정보보호법위반
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of the facts or misapprehension of the legal doctrine) first, the Defendant obtained the consent of E, F, and G, which is the data subject of the CCTV images of this case, and as such, it is impossible to separate the information of other data subjects because the said images are one single image. As such, if it is impossible to separate the information, it should be deemed that the consent of the data subject is “the case where the consent of the data subject is obtained” as an exception under Article 71 subparag. 1 of the Personal Information Protection Act,
Second, in Article 24-3 (3) of the Enforcement Rule of the Housing Act, the management entity may provide another person with the recording data of closed circuit television if necessary for the investigation of crimes, the institution of prosecution, and the maintenance of prosecution.
In addition, Article 48(1) of the Standard Personal Information Protection Guidelines (Public Notice No. 2014-1) provides that data subjects may request access to and confirmation of existence of personal video information.
The Defendant’s act of providing information complies with the requirements stipulated in each of the above provisions, so it is lawful as “the use of personal information for the purpose of collecting personal information where there are special provisions in the Act or where it is inevitable to comply with the statutory obligations” under Article 15(1)2 of the Personal Information Protection Act.
Third, in accordance with Article 18 (2) 3 of the Personal Information Protection Act, the defendant submitted personal video information necessary for the benefit of imminent life, body, and property of E which is an owner of information to an investigation agency and is lawful.
Fourth, the defendant's act is a justifiable act under Article 20 of the Criminal Code, a mistake under Article 16 of the Criminal Code, or a case where the defendant's act is dismissed as long as it is impossible to expect the consent of F and G as the perpetrator of the assault is not possible.
2. Determination
A. Article 71 Subparag. 1 of the Personal Information Protection Act (hereinafter “Personal Information Protection Act”) shall obtain the consent of the subject of information.