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(영문) 수원지방법원 2018.09.20 2018고정137
개인정보보호법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is the representative of “D Company” in Seongbuk-gu Seoul Metropolitan City, Sung-nam, a company that connects teachers and students, and is a personal information manager that manages the company website (E).

On August 28, 2017, the Defendant submitted the F’s resume to the Defendant’s company through the Internet job-seeking site “Licoa,” and posted the F’s photograph, age, gender, final graduation school, major, etc. on the protruding bulletin board so that anyone can peruse personal information.

A subject of information who has perused his/her personal information may request a personal information manager to correct or delete such personal information, and the personal information manager shall, upon receiving such request from the subject of information, investigate the personal information without delay, take necessary measures, such as correction, deletion, etc. at the request of the subject of information

Nevertheless, on August 28, 2017, the Defendant did not take necessary measures, such as correction, even though the Defendant received a request from F to delete the said personal information from F.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Statement made by the police with regard to F;

1. The complaint and the data on the website [the defendant and his defense counsel did not delete the comments posted on the website without the help of the manufacturer of the website, and there was no dispute with the manufacturer of the website, and thus could not delete them;

The argument is asserted.

However, according to the witness G’s legal statement as the website producer, the Defendant did not delete the data bees itself, but the method that the user of the website does not disclose the product to the user, the method that the user of the website could not be exposed to the product, the user of the website could have been allowed to erase the data in one page, and the user of the website could have selected a method that can show an empty space. G is at least the first method.

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