개인정보보호법위반
The defendant's appeal is dismissed.
1. Summary of the grounds for appeal (the mistake of facts or misapprehension of legal principles);
A. Since the Defendant was provided by C with personal information of this case for purposes other than the purpose of collecting such personal information, the facts charged of this case is not Article 71 subparag. 1 and Article 17(1) of the Personal Information Protection Act, but Articles 71 subparag. 2 and 18(1) of the Act shall apply. The Defendant is not guilty on the grounds that there was no profit-making or unjust purpose required under Article 71 subparag. 2 of the Act.
B. The Defendant requested a police officer to submit a record of video recording to file a criminal complaint against the crime of defamation and received a copy of the video of this case from C. Thus, the Defendant’s act of this case does not contravene social norms.
2. Determination
A. As to the application of Article 71 Subparag. 1 and Article 17(1) of the Personal Information Protection Act, the Act on the Protection, etc. of Personal Information provides for the processing standards to be followed by a personal information manager at each stage leading to the collection, use, provision, and destruction of personal information under Articles 15 through 22. As to the collection and use of personal information, Articles 15(1) and 16(1) provide that a personal information manager may collect the minimum amount of personal information necessary for the purpose thereof in cases falling under subparagraphs 1 through 6. Articles 15(1) and 18(1) provide that a personal information manager may use such information within the scope of the purpose of collection and prohibition
On the other hand, Article 17(1) provides that, except where personal information is provided to a third party within the scope of the purpose for which personal information is collected pursuant to Article 15(1)2, 3, and 5, the provision of personal information to a third party may be provided to a third party without the consent of an owner of information about the provision to a third party. Article 71 Subparag. 1 of the same Act punishing a person who knowingly received personal information, and Articles 71 Subparag. 1 and 17(1) of the same Act