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(영문) 수원지방법원 2018.01.26 2017노6859
개인정보보호법위반
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is that the Defendant was a person operating the Gu’s “E” wedding hall in Ansan-gu, and F was a person who entered into a wedding contract in the above wedding hall.

No person shall provide personal information to a third party without obtaining consent from the subject of information.

On July 4, 2016, the Defendant sent the name, contact address, and date of wedding to F when entering into a wedding contract even though F did not consent at the above wedding office, to G, H, and I, “G,” which is the above wedding cooperation company, by facsimile,” “I” of the above wedding office.

Accordingly, the defendant provided personal information to a third party without the consent of the subject of information.

2. A summary of the grounds for appeal 1) The Defendant’s staff misunderstanding the fact that the name and contact point of F personal information were provided to the subcontractor with F’s consent at the time of the wedding contract.

2) The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.

3. 1) The lower court determined that the Defendant provided personal information to a third party without the consent of the subject of information based on the evidence submitted by the prosecutor.

The court judged the facts charged and found guilty.

2) Article 17(2) of the Personal Information Protection Act provides that when a personal information manager obtains consent to provide personal information to a third party, “(i) the recipient of the personal information, (ii) the recipient’s purpose of using the personal information, (iii) the items of the personal information provided, (iv) the period for which the recipient was provided, (v) the recipient’s right to refuse consent, and (v) any disadvantage arising from the refusal of consent, the consent shall be notified and obtained. Article 75(2)1 of the Personal Information Protection Act provides that a personal information manager shall impose an administrative fine not exceeding KRW 30,00 on the subject of information if he/she fails to notify the subject of such violation.

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