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(영문) 광주지방법원 2018.02.02 2017고정232
개인정보보호법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who manages personal information as the chairperson of the C non-emergency Countermeasure Committee, and the defendant issued a letter stating the victim D's address, name, resident registration number, etc. to keep it in the office of the C non-emergency Countermeasure Committee in Seo-gu in Gwangju, Seo-gu.

No person who has managed or processed personal information shall divulge personal information he/she becomes aware of in the course of performing his/her duties or provide it to another person without authority.

Nevertheless, on February 2016, the Defendant copied the above documents containing the victim’s personal information from the iron points of “G” in the Seo-gu, Seo-gu, Seo-gu, Gwangju, with the victim’s personal information.

Accordingly, the defendant disclosed personal information that he came to know in the course of his duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. The legal statement of the witness H in part;

1. Each CD (the Defendant’s each letter of this case was in existence in an office of the Emergency Countermeasure Committee, and thus does not constitute a “person who manages or was in charge of personal information” under the main sentence of Article 59 of the Personal Information Protection Act, and H, who received copies of a letter whose resident registration number was deleted from the Defendant, already knew of the victim’s name and address, does not constitute a case of divulgence of personal information.

However, “a person who manages or was in charge of personal information,” a person subject to Article 71 subparag. 5 of the Personal Information Protection Act, is not limited to “a person who manages or was in charge of personal information” under Article 2 subparag. 5 of the Personal Information Protection Act, i.e., a public institution, corporation, organization, or individual managing personal information directly or through another person to operate a personal information file for the purpose of his/her duties, and the “personal information” under Article 2 subparag. 1 of the Personal Information Protection Act was “management” or “management” under Article 2 subparag. 2 of the Personal Information Protection Act.

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