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(영문) 부산지방법원 2014.01.17 2013노2882

개인정보보호법위반

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (Misunderstanding or misunderstanding of legal principles) 1) Defendant Act on Public Audit (hereinafter “Public Audit Act”).

) The Ordinance on the Establishment and Operation of the Private Environmental Monitoring Body in the Mariwon-gun, Busan Metropolitan City (hereinafter referred to as the “instant Monitoring Body”), and the said Ordinance as the “instant Monitoring Board”, and the said Ordinance as the “Ordinance on the Establishment of Monitoring Body”, respectively.

(2) According to the reasoning of the lower judgment, the Defendant’s act constitutes justifiable act as a public official’s justifiable performance of official duties, as the head of the Gun received comprehensive consent from the parties regarding the acquisition of personal information in advance in the process of acquiring personal information from the members of the instant Monitoring Committee and their family members, on the grounds that the head of the Gun received a certified copy of the instant monitoring committee to conduct a self-audit of the members of the Monitoring Committee under his/her jurisdiction, and Article 20 of the Public Audit Act and Article 29(2)1 of the Resident Registration Act, on the grounds that the local government requires official duties.

B. The sentence of suspended sentence (the suspended sentence: a fine of KRW 500,000) imposed by the court below on the defendant is too uneasible and unfair.

2. The summary of the facts charged in this case is as follows.

The defendants shall be public officials who work in the planning and audit office of the captain-military forces.

The defendant, around March 24, 2012, entered into a supply contract with the owner of a hydroelectric power or the owner of a high source under the name of the principal or his/her spouse among the members belonging to the private environmental monitoring organization in the House of the captain of the Gun Office, E.