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(영문) 부산지방법원 2017.07.19 2016가합47365

개인정보 제공금지의 소송

Text

1. The defendant shall not provide a third party with the part of the plaintiff's resident registration number among the personal information stated in the attached Form.

Reasons

1. Basic facts

A. The defendant is a maintenance and improvement project association established to implement a residential environment improvement project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and the plaintiff is a member of the defendant.

B. Around July 1, 2016, D, a member of the Defendant, requested the Defendant to disclose the written resolution submitted to the Defendant on April 9, 2016, which was held at the Defendant’s ordinary general meeting. Accordingly, the Plaintiff et al. requested the Defendant not to disclose the contents of the written resolution and personal information on the 14th of the same month.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the parties' assertion falls under "personal information manager" under Article 2 subparagraph 5 of the Personal Information Protection Act, and the defendant is obligated not to provide personal information to a third party without the consent of the subject of information pursuant to Articles 18 (1) and 17 (1) of the same Act. Since 108 members of the defendant, including the plaintiff, do not consent to disclosure of personal information as stated in the separate sheet, the plaintiff and the third party are obligated not to provide such information to a third party, and the defendant asserts that there is a duty to disclose personal information as stated in the

B. According to Article 17(1) of the Personal Information Protection Act, where a personal information manager obtains consent from a subject of information or provides personal information to a third party within the scope of the purpose for which the personal information is collected pursuant to Article 15(1)2, 3, and 5, the personal information of a subject of information includes sharing the personal information

may be held.

Meanwhile, Article 18(1) of the same Act provides that “personal information manager shall use personal information beyond the scope provided for in Article 15(1) or shall exceed the scope provided for in Article 17(1) and (3).”