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(영문) 수원지방법원 2020.10.16 2020고정610
개인정보보호법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the head of Suwon-si B Apartment Management Office, who is engaged in posting and management of notices, and the victim C (the victim C) is the former tenant representative of the above apartment and the present Ddong representative, who is the representative of Ddong, filed an application with E to suspend the validity of the resolution of dismissal with the council of occupants' representatives, and received the decision of acceptance with the Suwon District Court on June 18, 2019.

No person who has managed or processed personal information shall divulge personal information he/she has become aware of in the course of performing his/her duties or provide it to another person without authority.

On June 28, 2018, the defendant received a request from the victim to post the written decision of the provisional disposition, and around June 28, 2018, the council of occupants' representatives of the above apartment buildings received a conclusion of the written decision of the decision of the provisional disposition from the victim, and around July 1, 2018, the defendant F of the above apartment management office had F of the above apartment management office posted the written decision of the provisional disposition 28 units of the above apartment 15 units and 28 units of the elevator on the bulletin board of the above apartment.

Accordingly, the defendant leaked the victim's address, which is personal information of the victim who became aware of in the course of business.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes to the police investigation report of the police statement of the suspect interrogation protocol (including the C’s statement protocol) to the accused;

1. Article 71 subparagraph 5 of the Personal Information Protection Act and Article 59 subparagraph 2 of the same Act concerning facts constituting an offense, the selection of fines for negligence;

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

1. The part not guilty of the charge of this case under Article 334 (1) of the Criminal Procedure Act is that the defendant disclosed personal information of the victim, such as the victim's name and address, in the same circumstance as the criminal facts stated.

However, the written decision of the provisional disposition stated in the facts charged is an explanation about the illegality of the decision of dismissal against the victim.

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