개인정보보호법위반
The defendant shall be innocent.
1. The Defendant is a teacher in Seocho-gu Seoul Metropolitan Government, who works for D middle schools.
The Defendant: (a) contacted the Appellant E (63) with the above school; and (b) demanded that the Defendant’s mother, other than the Appellant, and the husband of the Appellant, will no longer have a bad wheels relationship; and (c) on August 18, 2017, the Defendant received personal information, such as “G”, a part of the Appellant’s resident registration number, and “H Apartment-si 302, 503, North Korea’s residence, the Appellant, even though he/she knew that he/she did not obtain consent from the Appellant,” provided personal information.
2. Article 71 Subparag. 1 of the Personal Information Protection Act provides that a person who provides a third party with personal information without the consent of a subject of information in violation of Article 17(1) and a person who receives such personal information with the knowledge of such fact shall be punished. Article 17(1) provides that a “personal information manager” may obtain consent from a subject of information or provide such personal information within the scope of the intended purpose of collection. As such, the act of providing personal information by a “personal information manager” and the act of receiving such personal information without permission is punished pursuant to Articles 71 Subparag. 1 and 17(1) of the aforementioned Act.
Therefore, the premise for recognizing the instant facts charged is that the Defendant received personal information from the “personal information manager”.
In this regard, Article 2 Subparag. 5 of the Personal Information Protection Act provides that “a person who manages personal information” means a public institution, corporation, organization, individual, etc. who manages personal information directly or through another person to operate a personal information file for the purpose of performing his/her duties.
Therefore, the evidence submitted by the prosecutor alone is difficult to recognize that the defendant received the personal information of this case from the person who is defined above, and there is no other evidence to acknowledge it.
Rather, the mother of the defendant F is the witness F.