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(영문) 제주지방법원 2019.08.23 2018고정295

개인정보보호법위반

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The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

On February 10, 2017, the Defendants provided the victim F's name, address, contact information, and date of birth to the third party to G, a data subject, at the Jeju Special Self-Governing Province D office located in Jeju at Jeju on February 10, 2017, as public officials belonging to Jeju Special Self-Governing Province.

Accordingly, the Defendants conspired to provide personal information to a third party without obtaining a separate consent from the subject of information as a personal information manager.

Summary of Evidence

1. Defendants’ respective legal statements

1. A suspect interrogation protocol of H by the prosecution;

1. Statement made by the police of the F;

1. Determination as to the defendants and their defense counsel's assertion in the F's statement of the residents' opinions following the I development project, the details of registered mail delivery, and the F's opinions

1. The documents submitted by the Defendants to the G head are the documents submitted by the F to present the residents’ opinions (hereinafter “the documents of this case”). The documents constitute a civil petition demanding the head of the G to inform him/her of the procedures for promoting the regional development project and to pass him/her.

Since civil petitions pertaining to the promotion and support of such regional development projects are matters under the jurisdiction of this Chapter, the Defendants were transferred to the G head, who is the competent agency of the relevant civil petition, pursuant to Articles 16(1) and 20(1) of the Civil Petitions Treatment Act (hereinafter “Civil Petitions Treatment Act”).

Therefore, the provision of the instant documents in which F’s personal information is stated to G Director (hereinafter “instant provision”) is lawful as it falls under Article 15(1)2 and 3 of the Personal Information Protection Act, and thus does not constitute a violation of the Personal Information Protection Act.

2. The attachment to the relevant Acts and subordinate statutes shall be as specified;

3. In full view of the following circumstances revealed by the evidence duly adopted and investigated by the court, the instant act of providing personal information without the consent of the subject of information.