The accused shall announce the summary of the judgment of innocence.

1. The summary of the facts charged is the director general of the branch office of the Jinju Center Co., Ltd.

Where a personal information manager collects personal information of a subject of information and provides it to a third party, he/she shall notify the subject of information of the purpose of using the personal information and the items of the personal information provided and provide it with consent.

On December 15, 2011, the Defendant collected the victim’s name, resident registration number, cell phone number, home telephone number, address, etc. and provided the victim’s personal information collected to the head of the district F when the victim D purchases E, etc. around May 25, 2011 without notifying the subject of information or obtaining consent.

2. Determination

A. On the premise that the Defendant’s act constitutes “personal information manager” under Article 2 subparag. 5 of the Personal Information Protection Act, the prosecutor indicted the instant facts charged by applying Article 71 subparag. 1 of the Personal Information Protection Act.

B. Meanwhile, Article 2 Subparag. 5 of the Personal Information Protection Act refers to public institutions, corporations, organizations, individuals, etc. that manage personal information on their own or through another person to operate a personal information file for the purpose of performing duties.

In light of the fact that Article 28 of the same Act separately prescribes “personal information handler” who is an executive officer or employee of a personal information controller and manages personal information in practice under the direction and supervision of the personal information controller, and Article 59 of the same Act separately imposes an obligation of prohibiting a “person who manages or was engaged in the management of personal information,” separate from “personal information controller,” the “personal information controller” is a concept different from that of “personal information handler,” who refers to an executive officer or employee who processes personal information under the direction and supervision of the personal information controller, part-time employee, etc.