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(영문) 광주고등법원 2019.10.23 2019나21827
제명처분무효확인
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The Plaintiff’s assertion cited in the judgment of the court of first instance is not different from the assertion in the court of first instance. In light of the evidence submitted by the court of first instance, the fact-finding and judgment in the court of first instance are recognized as legitimate (the Plaintiff did not submit any evidence). Considering the legislative purpose of the Personal Information Protection Act to prevent harm caused by infringement of personal information and protect privacy, it is difficult to view the Plaintiff’s act of violating the said Personal Information Protection Act as a minor crime. In particular, strict measures are necessary in light of the risk of secondary damage caused by unauthorized Leakage of personal information, and (4) the Plaintiff repeated the act of using personal information recorded in the electoral register, such as sending a letter stating that the expulsion disposition is unfair, by using contact numbers of representatives entered in the electoral register even after the expulsion disposition of this case was taken, and (5) the Plaintiff’s act of maintaining the relationship between the Plaintiff and Seo-gu branch through repeated criminal complaint and the Plaintiff’s economic conflict between the Plaintiff and its members, which appears to be difficult for the Plaintiff to voluntarily promote the welfare and social interests of the Plaintiff’s.

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