(영문) 광주지방법원 2021.02.02 2020노592 | 리걸엔진

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(영문) 광주지방법원 2021.02.02 2020노592

개인정보보호법위반

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All appeals by the Defendants are dismissed.

The request for adjudication on the constitutionality of the instant case is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and legal principles 1) The Defendants confirmed that they had the intent to file a civil suit and criminal complaint jointly with FF, etc. while filing a civil suit and criminal complaint against the victims, and F, etc. consented thereto, and only the Defendants prepared a complaint and complaint form and filed a civil suit and criminal complaint, so the Defendants did not reveal the victims’ personal information to F, etc.

2) The facts charged of the instant case revealed that the Defendants provided the victims’ personal information to a court and an investigative agency while filing the said civil suit and criminal complaint.

Therefore, even though the Defendants did not know that they provided the victims with personal information to F, etc., the lower court provided the F, etc. with personal information of the victims and divulged such information.

The decision was in violation of the principle of bad faith.

3) In a case where the other party to whom personal information was provided is either a investigating agency or a legal ground, the act of providing such personal information cannot be deemed to be “all theories” in violation of Article 71 Subparag. 5 and Subparag. 2 of Article 59 of the Personal Information Protection Act (hereinafter “instant penal provision”), but the lower court erred by misapprehending legal doctrine in finding a guilty of the facts charged in the instant case.

B. The sentence of the lower court (Defendant A: fine of KRW 3,00,000, and fine of KRW 1,500,000) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. The Defendants’ assertion that there was no divulgence of victims’ personal information to F, etc. refers to any act of notifying the F, etc. of not knowing a specific fact or disclosing it to the outside. Even if the Defendants’ assertion, F, etc. only consented to the preparation of the complaint and the complaint, and directly participated therein.

참조조문

-개인정보 보호법 제59조 제2호

-개인정보 보호법 제71조 제5호

유사 판례

-전주지방법원 군산지원 2018.06.22 2018고정84

-대구지방법원 2019.02.01 2018노4236

-수원지방법원 성남지원 2020.02.19 2019고정914

-대구지방법원 2015.09.10 2015노2151

-광주지방법원 2021.01.15 2020나60634