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(영문) 서울동부지방법원 2016.09.21 2016고정1013
개인정보보호법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

From February 1, 2013, the Defendant is a person who, as a director of the Seoul Songpa-gu apartment management office, manages the overall facilities, such as CCTV in the Dong.

No personal information manager shall process personal information without the consent of the subject of information or provide it to a third party without the consent of the subject of information.

Nevertheless, the Defendant, within the above D Apartment Management Office around October 20, 2015, requested the perusal and reproduction of the photographs by cutting down the images containing the CCTV page on August 30, 2015, which were stored in the said D apartment management office, and divulged personal information by means of reading the images stored in the said office and copying them to FF attorney-at-law on July 11, 2015,

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Determination as to the assertion that the Defendant does not constitute a “user of personal information” to operate a personal information file for business purposes: (a) according to the aforementioned evidence, the Defendant is a person who has installed CCTV, etc. to photograph and process personal information in order to operate a personal information file; and (b) the Defendant is in the position of collecting and processing such CCTV images to operate a personal information file for business purposes; and (c) the Defendant is in the position of collecting and processing personal information, such as CCTV images.

The decision is judged.

Whether there was prior consent of the subject of information: Around the time each meeting, etc. on the criminal facts of the instant case was held, the victim consented to photographing the images of the prior meeting.

around October 20, 2015 when a considerable period of time has elapsed after the conclusion of the meeting.

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