개인정보보호법위반
Defendants are not guilty.
1. The summary of the facts charged is the head of the administrative office of the "E High School" in the Geum-gu Busan Metropolitan City, the vice-principal of the above school, the F is the head of the administrative office of the above school, and the above school installs and operates the video information processing device (CCTV) for the purpose of preventing school violence, etc., and the defendant B is the person in charge of the management of the above video information processing device.
Although video information processing devices are not arbitrarily operated for any purpose other than the intended purpose of installation, Defendant A reported to the F and instructed the F to check the service relationship of the victim by checking CCTV, in order to confirm that he/she was absent from the G workplace on January 25, 2013 from the F to check that he/she was absent from the G workplace on January 17:30.
Defendant
B approved the request from F and Defendant A for approval of CCTV inspection, and F perused CCTV in an administrative office to check the unauthorized escape from G work site.
Accordingly, the Defendants conspired with F to operate video information processing devices for purposes other than the purpose of installation.
2. Determination
A. The Defendants and the defense counsel’s assertion that the Defendants perused the video recorded through visual data processing devices (CCTV) installed in the above schools in order to verify whether the Defendants were deprived of their work place at G working in the same school as the Defendants as indicated in the facts charged. However, such an act does not constitute “operation” of visual data processing devices as stipulated in Articles 72 subparag. 1 and 25(5) of the Personal Information Protection Act, and cannot be deemed to have violated the purpose of installation.
B. According to each evidence duly adopted and investigated by this Court, the following facts can be acknowledged.
1. G has been in the school guard room due to the level (class 9) of E high school (hereinafter referred to as “instant school”) and where G is in the same place, there is no other water level replacing G.
(2).