(영문) 서울서부지방법원 2019.05.01 2018고정1119

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(영문) 서울서부지방법원 2019.05.01 2018고정1119

개인정보보호법위반

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

B is the director of Seodaemun-gu Seoul Metropolitan Government Management Office, and the defendant was the representative of the occupant of the above apartment.

No one shall be provided with personal information with knowledge of the fact that such information is provided without consent from data subjects.

Nevertheless, around April 23, 2018, the Defendant submitted a “request for access to personal information and a written oath” under the name of ascertaining the status of the management office to the head of the above apartment management office B, and received from B the CCTV data inside the apartment management office around March 5, 2018, which is personal information including the images of the victim, even though he/she knew that he/she did not obtain the consent of the victim D.

Summary of Evidence

1. 증인 D의 법정진술[‘(피고인과 B 측이) 내가 요청했을 땐 관련법 때문에 안된다고 했는데, 어떻게 피고인한테는 해줄 수 있느냐’는 취지]

1. The witness B’s legal statement (which did not obtain D’s consent to the provision of video data; “The CCTV operation was made during the representative meeting of the management rules, and upon the request of the chairperson, there was a wrong perception that the CCTV operation was made during the resolution of the management rules,” and “the management office did not approve that it was indicated in the item column of the case under the “personal Information Access Request and Pledge”, and “CCTV disclosure was resolved by the council of occupants’ representatives, and there was no resolution of the council of occupants’ representatives at the time.”

1. Statement of each police statement related to D and B;

1. The defendant's claim for access to personal information and his assertion on the part of the defendant's representative council made a request for provision of video data to relieve an individual's rights since the relation has deteriorated during the election of the chairman of the council of occupants' representatives, and the defendant's act is the chairman of the council of occupants' representatives.

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