Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

The defendant is a person who has overall control over the affairs of the above school juristic person D while working as the head of the office of the school juristic person D.

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 January 2016, the Defendant, at the office of a school juristic person DD located in Gyeonggi-si, Gyeonggi-do, submitted and kept the “statement of defining the salary grade” of the above H, in which personal information, such as the affiliation, name, date of birth, position, academic background, and career of H, who was employed as an assistant principal of the F High School D, from G, which is the principal of the F High School D, belonging to the said school juristic person D, was included.

Defendant 1 was at the Gangnam-gu Seoul Metropolitan Government I, 4th law firm B office around June 2016, and was at the position of a director of the pertinent school foundation D private teaching institute, while having received and kept the record of defining the salary grade of the above H. A.

J provided the above H’s “Protocol of Determination of Salary Grades” to K, the legal representative of the said J, so that the suspension of the performance of duties against the above H may be submitted in the preparation for the application for a disposition.

Accordingly, the defendant provided personal information that he/she became aware of in the course of his/her duties to another person without authority.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made against H and L;

1. A criminal investigation report (a criminal suspect J relative investigation);

1. A report on the definition of salary grades;

1. Application for disposition, such as an assistant principal, and application of written Acts and subordinate statutes to suspend performing duties;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The key point of the argument is that the J has applied for the suspension of performance of duties against H who is not qualified as an assistant principal as a director of the school juristic person D.