Nevertheless, the Defendant, from January 2019 to August 2019, collected and retained personal information on the students of the Cultural Center at the time of having been employed as the personnel to support the operation of the residents' self-governing center (public work), and sent a message to the students of the community service center using the personal information (tel number) already collected after the completion of public work, to the effect that “the liquor tax is required to select a party to be present in the future as a political person,” using the personal information (tel number) already collected after the completion of public work.

Accordingly, the defendant used personal information in excess of the already collected scope.

2. Article 71 Subparag. 2 of the Personal Information Protection Act provides that “A person who uses personal information or provides a third party with personal information in violation of Article 18(1) and (2) shall be punished.” Article 18(1) provides that “A personal information manager shall not use personal information beyond the scope under Article 15(1) or provide a third party with personal information beyond the scope under Article 17(1) and (3).” The main sentence of Article 18(2) provides that “A personal information manager may, notwithstanding paragraph (1), use personal information for any purpose other than the intended purpose or provide a third party with it unless it might unfairly infringe on the interests of a subject of information or a third party in any of the following cases:

Article 2(5) provides that "Personal Information manager" means a public institution, corporation, organization, individual, etc. that processes personal information on his/her own or through another person to operate personal information files for business purposes." Article 28(1) provides that "Personal Information manager shall safely manage personal information in managing such information."