개인정보보호법위반
The judgment of the court below is reversed.
Defendants are not guilty. They publicly notify the summary of this judgment against Defendant A.
1. The main point of the grounds for appeal is that the sentence of the lower court (each of the Defendants’ fines of KRW 1.5 million) is too unreasonable.
2. Ex officio determination
A. The summary of the facts charged in the instant case was pending in the lawsuit for the division of friendship or D and property with respect to the forest land in Yangyang-gun, Namyang-gun, but Defendant B was aware that he installed CCTV for crime prevention in the E house and that the CCTV was photographing the entrance of the said forest. Defendant B requested Defendant B to have the authority to peruse CCTV.
1) Defendant B’s personal information manager should not provide personal information to a third party without the consent of the subject of information.
From December 2, 2015 to March 13, 2017, the Defendant informed A of the ID and password so that A, a third party of the CCTV, can read CCTV without the consent of D, an owner of information, and provided A with the personal information of the subject of information to a third party.
2) Defendant A’s personal information manager is prohibited from providing personal information to a third party without the consent of the subject of information, and is not knowingly provided with personal information.
From December 2, 2015 to March 13, 2017, the Defendant received the personal information of the subject of information by putting the ID and password available for perusal of CCTV even though he/she knew that B did not obtain the consent of the subject of information, which is a data subject, from around December 2015 to March 13, 2017.
B. Determination 1) 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 the subject of information, in violation of Article 17(1)1 of the same Act, even though the person does not fall under Article 17(1)2, and a person who receives personal information with the knowledge of the circumstances, shall be punished.” Article 17(1) of the same Act provides (including sharing) a third party with personal information of the subject of information in any of the following cases:
(hereinafter the same shall apply).
“....”