1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. The Plaintiff is a member of the CF (hereinafter “CF”) and the Defendant is a standing director of the CFF, who managed the personal information of the members.

B. From September 2014 to October 2014, the Defendant leaked the personal information of the members of the NA who were to run in the election of the president of the NAF from CF to March 11, 2015 between CF and CF, on the grounds that the name 1,645 members, the name of the affiliated farming association, the real name number (the front of the resident registration number), address, telephone number, membership date of the association, and gender are written, and thus the list of the members for managers who were not perused or issued by the general members was recorded.

C. On May 22, 2015, the Defendant received a summary order of KRW 4,00,000 for a violation of the Personal Information Protection Act (Act No. 135400, Jun. 17, 2015), which became final and conclusive on May 22, 2015.

2. The parties' assertion

A. The Defendant, in violation of the Personal Information Protection Act, has leaked one of the Plaintiff’s personal information, and thus, the Defendant is obligated to compensate for the Plaintiff’s emotional distress.

B. The Defendant’s personal information that the Defendant gave to D, a member of the association, does not constitute the divulgence of personal information under the Personal Information Protection Act, but cannot be deemed as either divulging personal information that he/she learned in the course of performing his/her duties or providing it to another person without authority.

The provision of the personal information of this case did not cause a real loss to the members, and it is difficult to recognize a causal relationship between the defendant's negligence and the plaintiff's loss.

3. Determination

A. Article 59 Subparag. 3 of the Personal Information Protection Act (hereinafter “Personal Information Protection Act”) provides that a person who manages or manages personal information is prohibited from destroying, destroying, altering, forging, or divulging another person’s personal information without due authority or beyond permitted authority.