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(영문) 창원지방법원 2014.04.17 2013노2256

개인정보보호법위반

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All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment (a fine of KRW 10 million) declared by the court below is too unfasible.

2. Determination

A. Although Defendant A, as an employee of the National Health Insurance Corporation, who has no choice but to deal with personal information due to the nature of his/her duties, he/she processes the issuance of a health insurance certificate without permission bypassing the procedural provisions for the protection of personal information, and divulges personal information to Defendant B, and personal information of the insured and his/her dependents other than the applicant for the re-issuance of the health insurance certificate, is also leaked.

However, Defendant A’s recognition of all of the crimes in this case is against their depth, Defendant A did not have any data on economic benefits obtained from the crime in this case, Defendant A selected the visually impaired massage service company for the stabilization of the lives and the preservation of income for the visually impaired, among community service investment projects, and let the elderly provide the communication service for the visually impaired for the elderly. In this case, the elderly lost their health insurance card (pre-determined the massage service company at the Changwon city, and the elderly selected the massage service company at the village head or the chairperson of the elderly through each Eup/Myeon/Dong office, and delivered the notice of massage service to the head of the village branch or the chairperson of the elderly, etc., the massage service company selected from the head of the village, etc. for the elderly at the village center, etc., and submitted an application form, health insurance card, identification card, etc. to the head of each Eup/Myeon/Dong office) and requested the defendant to reissue the name, resident registration number, etc. from the elderly, and thus, personal information leakage should be considered.