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(영문) 서울서부지방법원 2019.02.14 2018노556
개인정보보호법위반
Text

The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of the grounds for appeal (the mistake of facts and misapprehension of legal principles);

A. “Consent of the subject of information” under Article 15(1)1 of the Personal Information Protection Act includes an implied consent or duty under the good faith principle between the subject of information is not detrimental to the interest of the personal information manager. Therefore, if the subject of information violates it, the subject of information can use the personal information of the subject of information pursuant to Article 15(1)1 or 6 of the same Act. In addition, it should be interpreted that the subject of information can use the personal information collected under subparagraphs 1 through 5 for the interest of the personal information manager.

Therefore, the Defendant’s act of using the instant personal information constitutes a legitimate use pursuant to Article 18(1)6 of the same Act, and does not fall under the use for purposes other than the original purpose pursuant to Article 18(1)

B. At the time when the Defendant used personal information of the complainant, the Defendant continued to post a notice that defames the Defendant on the radio program bulletin board of the Defendant’s production, and the Defendant’s act of using personal information of this case constitutes self-defense or legitimate act, since the Defendant’s act of using personal information of this case was in a state of infringement by failing to delete existing notices.

In addition, the defendant's act of sending content certification to remedy his/her rights and interests by using the personal information of the complainant is considered as an act without the possibility of expectation of illegality and lawful act.

C. Despite the above circumstances, the lower court erred by misapprehending the facts and misapprehending the legal doctrine, which found the Defendant guilty of the instant facts charged.

2. Determination

A. A personal information manager of the instant facts charged shall not use the personal information of a subject of information for a purpose other than the intended purpose or provide it to a third party without consent.

The defendant from around 2010 to B.

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