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(영문) 부산지방법원 2019.11.26 2019고정1185
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

A personal information manager may collect personal information, use it within the scope of the purpose of collection, and use it in excess of the scope of the purpose of collection, only when it is deemed necessary for the sake of urgent interests of an owner of information or a third party, such as cases where it is inevitable to obtain consent from the owner of information or his/her legal representative, where it is unable to make a declaration of intention or where it is clearly impossible to obtain prior consent due to unknown address, etc., and there

Nevertheless, the Defendant had the mind to inquire about the personal information of B and B’s spouse C in order to verify the whereabouts of the young children produced between B in a de facto marital relationship in the past.

1. On April 27, 2019, around 18:54, 2019, the Defendant: (a) inspected B’s counseling records through the E’s computer network by means of entering B’s name and date of birth using a non-computer computer used by the Defendant at the Busan Busan District Office where the Defendant is working; (b) identified C’s mobile phone number recorded in the B’s counseling record; and (c) used C’s mobile phone number by means of entering C’s mobile phone number into the said computer; and (d) making inquiries into C’s date of birth, mobile phone number, registered address, and F’s Internet membership address.

Accordingly, the defendant used personal information collected as a personal information manager in excess of the purpose.

2. On May 22, 2019, around 11:22, 2019, the Defendant: (a) inquired of C’s date of birth, mobile phone number, registered address, and F Internet membership address in the place described in paragraph (1) from the place described in paragraph (1); and (b) made use of it by making contact to C.

The defendant, as a personal information manager, aims to collect personal information.

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