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(영문) 울산지방법원 2013.05.10 2012고정1473
개인정보보호법위반
Text

Defendants shall be punished by a fine of 200,000 won.

If the Defendants did not pay the above fines, 50,000 won.

Reasons

Punishment of the crime

A personal information manager shall not provide a third party with personal information without the consent of the subject of information, and no person shall be provided with such personal information with the knowledge of the situation.

Defendant

A is a person who has served as the head of the management office of the D apartment in Yangsan-si, Chungcheongnam-si, and the defendant B is a Dong representative of the above apartment.

Defendant

A was requested by Defendant B to present the above power of delegation on March 2012 while he was in custody of the power of delegation stating the victim E and E, the wife of the victim E and E, and then delivered to Defendant B a copy of delegation to Defendant B, the personal information manager, without obtaining consent of the victims who are the data subjects, and Defendant B was provided with the personal information of the victims despite being aware of the circumstances.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness E;

1. Some statements concerning the Defendants in the police interrogation protocol

1. A complaint, a copy of a certificate of contents (written notice), and a proxy copy;

1. Application of the Acts and subordinate statutes governing the apartment election commission;

1. Article 71 of the Personal Information Protection Act applicable to the crime, Article 71 of the Act on the Protection of Personal Information, and the Selection of fines;

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

1. Determination as to the assertion by the Defendants and their defense counsel under Article 334(1) of the Criminal Procedure Act, respectively, of the provisional payment order

1. The Defendants and the defense counsel asserts to the effect that the power of attorney is included in the “documents necessary for other management affairs” under Article 48(9) of the Management Rules, and thus constitutes “any special provision in the Act or any inevitable case to comply with the statutory obligations” under Article 15 subparag. 2 of the Personal Information Act.

The "other documents necessary for management affairs" prescribed by Article 8 of the Management Rules of Multi-Family Housing.

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