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(영문) 제주지방법원 2017.11.17 2017고정494

개인정보보호법위반

Text

The defendant shall be innocent.

Reasons

1. In the facts charged, the Defendant is a resident of Jeju in Jeju, who was the representative of the tenant of a row house, with 103 Dong-dong representative.

No person who has managed or processed personal information shall divulge personal information he/she becomes aware of in the course of performing his/her duties or provide it to another person without authority.

Nevertheless, on November 30, 2016, the Defendant posted an employment contract written by C occupant representative D and the victim E at the Jeju-si 101 entrance, and disclosed personal information, such as the name, address, contact number, etc. of the victim, which became known to the 103 Dong representatives’ meeting, by allowing D and the victim E to peruse.

2. Determination

A. Criminal facts in a criminal trial ought to be established based on strict evidence with probative value, which leads to the conviction that the facts charged are true beyond a reasonable doubt. Thus, in a case where the prosecutor’s proof does not sufficiently reach the extent that it would lead to such conviction, it should be determined in the interests of the defendant even if there is suspicion of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable amnesty, etc. (see, e.g., Supreme Court Decision 2010Do1487, Apr. 28, 201). One former Act on the Protection of Personal Information of Public Institutions (amended by Act No. 10465, Mar. 29, 201) provides that the former Act on the Protection of Personal Information of Public Institutions (amended by Act No. 10465, Mar. 29, 201) shall be punished for unlawful acts, such as leakage of personal information, unauthorized processing, or offering it for another person’s use (see Article 23(2) and Article 11).

B. The following facts are acknowledged according to the evidence duly adopted and examined by the court.

E shall be this.