Text
The defendant shall be exempted from punishment.
Reasons
Punishment of the crime
Defendant
A from September 15, 2015 to September 14, 2016, the head of the reservation promotion team for ‘D Limited Company' in the Chungcheongbuk-si, Chungcheong-si, Chungcheong-si.
A person who manages or has processed personal information shall not divulge personal information he/she becomes aware of in the course of his/her duties or provide it to another person without authority.
Nevertheless, on August 31, 2016, when the defendant worked for the above company, on the homepage (htp:/www.acr.go.go.r) of the National Civil Rights Commission (htp:/www) on which the defendant applied for civil petition, "A company grants to E who is not an administrative member of the Mutual-Aid Association, a discount of the members of the Mutual-Aid Association, and a certain day grants to E who is not an administrative member of the Mutual-Aid Association, an unfair benefit of at least KRW 1.5 million.
“In posting an article to this effect, another person provided that another person uses personal information of customers by attaching photographs on the ERP system screen containing approximately 140 customers’ names, golf course reservation time, settlement details, card approval number, etc.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the police with regard to F;
1. Investigation report (to be accompanied by data submitted in the form of an accused agent);
1. Application of Acts and subordinate statutes to report on investigation (written confirmation for protection of personal information);
1. Subparagraph 1 of Article 71 of the Personal Information Protection Act and subparagraph 2 of Article 59 of the Act on the Protection of Personal Information, etc. concerning facts constituting an offense;
1. Exemption of punishment, prevention of corruption, and establishment and operation of citizens' civil rights committees (Article 66 (1) (1) of the Act on the Establishment and Operation of Civil Rights Commission) where any reporting under this Act is found to commit a crime committed by the reporting person, the punishment of such reporting person may be mitigated
Judgment on the defendant's argument and reasons for exemption from punishment
1. The Defendant’s act of placing materials on the citizen’s civil rights committee along with photographs taken by the Defendant on the screen of the ERP system constitutes “public interest report” under Articles 6 and 2 of the Act on the Protection of Public Interest Reporters, Prevention of Corruption, and Prevention of Corruption under Article 55 of the Act on the Establishment and Operation of the Civil Rights Commission, and the Personal Information Protection Act.