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(영문) 창원지방법원 2016.09.29 2016노1569
개인정보보호법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the legal principles, the victim E, F, G’s name, and date of birth submitted by the Defendant to the court to use as reference material for a lawsuit seeking compensation for damages that had been pending between the victim E (hereinafter “each insurance contract of this case”) is already submitted to the above court by the victim E as evidentiary material, and the victim’s name, date of birth, etc. was already known to the above court, and thus, it does not constitute “personal information” and its source is a public institution that is not an individual, and thus cannot be deemed as “third party”.

B. A person who manages personal information may use personal information for any purpose other than its original purpose or provide it to a third party, if necessary for the court to conduct its judicial affairs pursuant to Article 18(2)8 of the Personal Information Protection Act.

As such, the defendant printed out the inquiry of each insurance contract of this case with the same content as the data submitted by the victim E and submitted it to the court, and the defendant provided it to a third party beyond the scope of the purpose of collecting personal information.

It is difficult to see that the defendant's act constitutes a justifiable act.

B. The sentence sentenced by the lower court to the Defendant (one million won penalty) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of the legal doctrine, Article 2 subparag. 1 of the Personal Information Protection Act provides that “personal information” refers to information with respect to an individual living together with other information, including his/her name, resident registration number, and image (including where the information alone does not allow identification of a specific individual but can be easily combined with other information). As such, the name and date of birth of the victims stated in each of the instant insurance contracts that the Defendant printed out and used as litigation documents can be easily combined with other information to identify the individual.

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