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(영문) 서울중앙지방법원 2012.11.28 2012고정1877

공공기관의개인정보보호에관한법률위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. They shall not be inspected or provided with managed information from a public agency in a false or other unlawful manner;

On December 16, 2008, the Defendant provided G’s resident registration information and family relations data by means of informing F, a huber for inquiry of resident registration, and receiving the results by facsimile in order to allow perusal of other person’s resident registration data necessary for litigation and administrative agency affairs at “E certified judicial scrivener office operated by a certified judicial scrivener A” in Seocho-gu Seoul, Seocho-gu, Seoul, for the purpose of viewing other person’s resident registration data, and received the F, in the order of a certified copy perused and issued by the I, who works as a public official at the H community service center in Nowon

As a result, the defendant was inspected or provided with managed information by a public agency by fraud or other improper means.

2. Defendant A, an employee of the Defendant, received a certified copy of the removed copies, which was perused and issued by the said I for unlawful purposes through F, in order to receive the perusal or provision of managed information from a public agency by unlawful means, and provided the client with the name-free copy found in the office in order to accept the case.

Accordingly, the defendant neglected to exercise due care and supervision over the above B, and the above B, who is an employee, committed a violation against the defendant's business.

Summary of Evidence

1. Defendants’ legal statement

1. Each police suspect examination protocol against the Defendants, I, F, and J (including each part of the cross-examination)

1. Application of Acts and subordinate statutes to investigation reports (the details of issuance of I resident registration and removed copies);

1. Defendant B: Article 23(3) of the Act on the Protection of Personal Information of Public Institutions (amended by Act No. 10142, Mar. 22, 2010); Articles 24 and 23(3) of the Act on the Protection of Personal Information of Public Institutions (amended by Act No. 10142, Mar. 22, 2010); Selection of fines;

1. The defendant A. of Articles 70 and 69(2) of the Criminal Act for the confinement of a workhouse.