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(영문) 부산지방법원 동부지원 2020.05.27 2020고정168

개인정보보호법위반

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

From July 21, 2018 to December 3, 2018, the Defendant works as the head of the management office of the “Ctel” located in Busan Shipping Daegu, and is a personal information manager in charge of CCTV video management.

Although a personal information manager does not fall under Article 17 (1) 2 of the Personal Information Protection Act, he/she shall not provide a third party with personal information (information about an individual living together, which can be identified through images, etc.) without the consent of the owner of information.

Nevertheless, around November 30, 2018, the Defendant submitted to the Busan Facilities Corporation’s audit room located in 174, the Busan Facilities Corporation, which was located in 174, for the purpose of using it as evidence for a civil petition case against the victim D, who is an employee of the said Corporation in dispute with the Defendant, despite the consent of the data subjects, such as the victim D, E, F, and G, the four faces and body face of the said victim already printed out and prepared in advance. On November 25, 2018, the Defendant submitted to the said Corporation a photograph to cut off CCTV images inside the said officetel.

Accordingly, the defendant provided personal information to a third party without the consent of the subject of information.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D or H;

1. Application of Acts and subordinate statutes to civil petitions, written complaints and photographs of complainants;

1. Article 71 of the Personal Information Protection Act applicable to the relevant criminal facts, Articles 71 subparagraph 1 and 17 (1) 1 of the Act on the Protection of Personal Information, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;