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(영문) 서울동부지방법원 2014.09.16 2014고단1512
개인정보보호법위반
Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. Where a subject of information or his/her legal representative is unable to express his/her intent or is unable to obtain prior consent due to an unknown address, etc., and the provision of personal information to a third party without the consent of the subject of information or a third party is not deemed to fall under the case of providing such personal information within the scope of the purpose of collecting the personal information because it is obviously deemed necessary for the benefit of life, body,

Defendant

A is a personal information manager as the president of the E-Credit Union in Seoul D.

Nevertheless, at around 20:00 on April 23, 2014, Defendant A printed out documents containing personal information, such as the name, address, etc. of 558 union members, including F, etc., a data subject who were stored in a computer, and then sent the said documents to Defendant B in order to send “emergency guidance for holding an extraordinary general meeting” to the said union members in front of the above office at around 22:00 on the same day.

As a result, Defendant A provided personal information to a third party without the consent of the subject of information, and Defendant B knowingly provided personal information.

2. Article 71 Subparag. 1 of the Personal Information Protection Act provides that “A person who provides a third party with personal information without the consent of a subject of information, in violation of Article 17(1)1 even though he/she does not fall under Article 17(1)2, and a person who knowingly receives personal information, shall be punished.” The provision of personal information to a third party refers to a case where personal information is transferred for the benefit or business of a recipient of ownership or right to use personal information, and a personal information manager entrusts a third party with his/her duties and transfers incidental personal information to a third party.

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