(영문) 수원지방법원 2014.09.18 2014고정84

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2014.09.18 2014고정84

개인정보보호법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

C A personal information controller and Defendant A were the head of the pre-management office of Suwon-gu apartment unit D, and the head of the pre-management office of the above apartment unit and the defendant A was preparing for defamation complaint against the defendant E.

A personal information manager shall not provide a third party with personal information without the consent of the information subject, even though it is not a case where the personal information is provided within the scope of the purpose of collecting the personal information, and shall not be provided with personal information

Nevertheless, around June 16, 2012, C had F, a staff member of the management office of the above apartment, F, who was aware of the fact, at the time of the public hearing conducted in the above apartment occupant conference room on May 30, 2012, provide the defendant with a copy of the video without E’s consent after recording and copying the recorded video. The defendant was provided with a copy of the above video, a personal information, with the knowledge of the circumstances.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol of examination of the witness regarding G;

1. Application of Acts and subordinate statutes of E;

1. Subparagraph 1 of Article 71 of the Personal Information Protection Act and Article 17 (1) of the Act on the Protection of Personal Information about Crimes, the selection of fines;

1. A fine not exceeding 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (in the case of 50,000 won per day converted);

1. To eliminate illegality as legitimate acts that do not violate social norms, the following requirements should be met: (i) legitimacy of the motive or purpose of the act; (ii) reasonableness of the means or method of the act; (iii) balance between the protected interests and the infringed interests; (iv) urgency; and (v) supplementary nature that there is no other means or method other than the act; and (v) supplementary nature that there is no other means or method other than the act.

Supreme Court Decision 86Do1764 delivered on October 28, 1986

참조조문

-형법 제59조 제1항

-형법 제69조 제2항

-형법 제70조 제1항

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