beta
(영문) 서울중앙지방법원 2017.05.17 2016고정4169

개인정보보호법위반

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The Defendant was the head of the management office of Dongjak-gu Seoul Metropolitan Government apartment complex C (hereinafter “instant apartment”) as the head of the management office of the apartment complex.

D A person who has managed personal information.

No person who processes or has processed personal information shall divulge personal information he/she becomes aware of in the course of performing his/her duties or provide it to any third person

Nevertheless, on November 2015, the Defendant sent a notice stating D’s name, date of birth, mobile phone number, name, address, corporate registration number, and telephone number that he/she became aware of in the course of performing his/her duties on February 2, 2007 to about 80 residents of the above apartment complex by mail, and attached it on the bulletin board and on the bulletin board at the entrance of stairs in the above 107-dong elevator to divulge it.

2. Determination

A. Whether the Defendant constitutes “a person who has managed or processed personal information,” which is a person subject to Article 71 subparag. 5 of the Personal Information Protection Act, as a person subject to Article 59 subparag. 2 of the same Act, includes a person who “personal information manager” under Article 2 subparag. 5 of the same Act, namely, “a person who has managed or processed personal information,” but is not limited to a public institution, corporation, organization, or individual that processes personal information directly or through another person to operate a personal information file for the purpose of his/her duties, and includes a person who “management,” or “management,” under Article 2 subparag. 1 of the Personal Information Protection Act (see, e.g., Supreme Court Decision 2015Do8766, Mar. 10, 2016). According to the evidence duly adopted and investigated by the court, the Defendant is engaged in the name of the Committee as stated in the instant facts charged, DNA number, and its cell phone number as stated in the instant order or approval.