The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (definite and misunderstanding of legal principles) of Seocho-gu Seoul Metropolitan Government Office (hereinafter “Seo-gu Office”) installed the CCTV in a place less than about 50 meters away from the planned site for the installation of the CCTV in this case, which was originally announced, and did not follow the procedures for public announcement and hearing of opinions separately. Therefore, the installation of CCTV in this case is a lack of legality.

Therefore, the crime of obstruction of performance of official duties is not established even if the defendant assaulted the public official against it.

2. Determination on the grounds for appeal

(a) Article 25 of the Personal Information Protection Act (1) (limited to the installation and operation of image data processing equipment) (1) No person shall install and operate image data processing equipment in a public place except in the following cases:

1. Where any statute specifically permits;

2. Where it is necessary for the prevention and investigation of crimes;

3. Where it is necessary for the safety of facilities and prevention of fire.

4. Where it is necessary for traffic control.

5. Where it is necessary to collect, analyze and provide transport information. (2) No person shall install and operate image data processing equipment to allow anyone to see the inside of a place where the privacy of an individual is likely to be substantially infringed, such as a bathing room, toilet, launching room, escape room, etc. used by many and unspecified persons.

Provided, That this shall not apply to facilities prescribed by Presidential Decree, such as correctional institutions and mental health facilities, which detain or protect persons pursuant to statutes.

(3) The head of a public institution who intends to install and operate visual data processing devices pursuant to each subparagraph of paragraph (1) and a person who intends to install and operate visual data processing devices pursuant to the proviso to paragraph (2) shall gather opinions from relevant experts and interested parties by holding public hearings or briefing sessions and following other procedures prescribed by Presidential

(hereinafter omitted) Article 23 of the Enforcement Decree of the Personal Information Protection Act (Installation of video information processing devices).