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(영문) 광주지방법원 2021.01.07 2020고정932

개인정보보호법위반

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant operated video information processing devices by installing three CCTV units from around 2014 for the purpose of preventing crimes in and preventing crimes in and out of his/her print office, preventing fire, and ensuring facility safety.

An operator of image data processing equipment shall not arbitrarily handle the image data processing equipment for any purpose other than the intended purpose of installation, shoot other locations, and shall not use a recording function.

However, the defendant from around 12:05 on May 19, 2020 to the same year.

6. By no later than 15.15., one direction of CCTV on the left side of the printing office has been maintained by its own vehicle towards the parking lot for a flag parking lot and D’s house, and arbitrarily operated visual data processing devices for any purpose other than the installation purpose.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Statement made by the police against D;

1. Application of evidential data, on-site photographs, and CCTV-related Acts and subordinate statutes;

1. Article 72 subparagraph 1 of Article 72 of the Personal Information Protection Act and Article 25 (5) of the Act on the Protection of Personal Information, which stipulates the applicable law on criminal facts and the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant operated CCTV for a purpose other than the purpose of installation, since he/she failed to find the perpetrator, which caused damage to a vehicle due to the occurrence of the incident where the vehicle was damaged, thereby manipulating one of CCTV to the parking lot adjacent to the printed shop where the vehicle was parked.

subsection (b) of this section.

2. Determination

(a) Any person may install and operate visual data processing devices, if necessary to prevent a crime (Article 25 (1) 2 of the Personal Information Protection Act): Provided, That any person is likely to substantially infringe on the privacy of any individual, such as a bath, toilet, shot, shot, sloping room, etc. used by many and unspecified persons;