정보통신망이용촉진및정보보호등에관한법률위반
Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., 2014
A
Jincinary Prosecutor, Epinary Peace (Public Trial)
The Korea Legal Aid Corporation in charge of public-service advocates in Daejeon District Office
March 18, 2015
1. The defendant is innocent.
2.A summary of this judgment shall be published.
1. Summary of the facts charged
Although the provider of information and communications services, etc. has to take technical and administrative measures in order to prevent the loss, theft, leakage, alteration or damage of personal information when handling personal information, the Defendant did not take technical and administrative measures to prevent leakage of personal information by making it available to the Daejeon Seo-gu Office ************** in managing the company’s website from Google, and the resident number on March 12, 2014 ************ in going on the company’s homepage’s bulletin board of members on the company’s homepage ****(48), etc.**(or48) by making it available to the company’s files containing personal information, such as the name, contact number, securities number, etc.
2. Determination
The applicable provisions of this case shall be as follows:
Article 28 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Protective Measures for Personal Information) (1) When a provider of information and communications services or similar handles personal information, he/she shall take the following technical and administrative measures in accordance with the standards prescribed by Presidential Decree in order to prevent the loss, theft, leakage, alteration or damage of personal information:
As stated in the facts charged in the instant case, the Defendant’s failure to take technical and administrative measures to prevent the leakage of personal information does not constitute the elements of Article 73 subparag. 1 of the instant charges (if the personal information of the user was not lost, stolen, leaked, altered, or damaged thereby).
Thus, the facts charged of this case constitute a case that does not constitute a crime and thus, is acquitted under the former part of Article 325 of the Criminal Procedure Act, and a summary of the judgment is publicly announced under Article 58(2) of
Judges Lee Jae-hee