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(영문) 광주지방법원 2016.09.07 2016고정476
개인정보보호법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who operates G Hospital located in Gwangju North-gu F.

No personal information manager shall provide any third person with personal information without obtaining the consent of the subject of information.

Nevertheless, around September 30, 2014, the Defendant provided the victims of the G Hospital with the insurance management related to the right-hand bridge of the victim H without the consent of the long-term care use contract, standard long-term care use contract, record keeping of long-term care benefits, nursing service area, etc.

Accordingly, the defendant provided personal information to a third party without the consent of the subject of information.

Summary of Evidence

1. Legal statement of the defendant I in part of the defendant;

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes to request an investigation related to a personal information infringement case, a report on the investigation report of a personal information infringement case, a reporter, a data reported, a submitted data, a certificate of adjustment, a detailed statement, a written agreement to provide and utilize personal information, a written agreement, a general medical certificate, a written confirmation for release from entry and discharge, a statement of opinion, and

1. Article 71 of the Personal Information Protection Act applicable to facts constituting an offense and Articles 71 subparagraph 1 and 17 (1) of the same Act (Selection of Fine) of the same Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. Where a personal information manager collects the personal information of a subject of information and provides it to a third party, he/she shall notify the subject of information of the purpose of using the personal information, items of the personal information to be used or provided, etc. and obtain consent (see each subparagraph of Article 17(2) of the Personal Information Protection Act), and the defendant obtained consent from the victim

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