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(영문) 서울남부지방법원 2015.11.27 2015고정855
개인정보보호법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No person shall use personal information beyond the scope of the purpose of collection.

Nevertheless, around May 26, 2014, the Defendant connected to the internal computer system in Yeongdeungpo-gu Seoul Metropolitan Government D8, printed out the document under the title of ‘F and G personal information', stating the name and date of birth, which is the data subject, and ‘the third-party decision to pass an interview prior to employment' in 2010, and then delivered the document to C who was represented by the Defendant for the purpose of using it in the lawsuit with H, and used the personal information for any purpose other than the original purpose.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to I and J;

1. A complaint;

1. Application of Acts and subordinate statutes to investigation reports (attached to documents submitted by a complainant);

1. Article 71 subparagraph 2 of the Personal Information Protection Act and Article 18 (1) of the same Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Article 71 Subparag. 2 of the Personal Information Protection Act provides that a personal information manager shall punish a personal information manager if he/she uses personal information beyond the scope of the purpose of collection, and the Defendant is merely a personal information manager who manages personal information under the direction and supervision of the personal information manager, not a personal information manager. Thus, the Defendant cannot be a subject of Article 71 Subparag.

2. Determination

A. In cases where a person subject to application is limited to “business owner, etc.” or where a penal provision limits a person subject to application as a non-business owner, etc. under the penal provision, a joint penal provision following the penal provision shall lead to a person who is not a business owner, etc. but actually executes the pertinent business.

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