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(영문) 울산지방법원 2020.12.11 2020고합314
통신비밀보호법위반
Text

A defendant shall be punished by imprisonment for ten months and suspension of qualifications for each year.

except that, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the representative of the “C”, the intra-corporate subcontractor in the Ulsan Factory Co., Ltd., and D had worked as the packing team from the end of July 2019 to the end of July, 2019, and the Defendant, the Defendant, on the ground that the above D had an objection against the company operation, discussed complaints about the company operation and caused an disturbance among employees.

1. No person shall record or listen to a conversation between others that is not open to the public without going through the provisions of Acts, such as the Protection of Communications Secrets Act;

At around 09:00 on December 13, 2018, the Defendant stated that the Defendant would take measures, such as additional employment of human resources, and recorded the conversation with the above D, F, and Selective Team G, etc., using a mobile phone, for the purpose of taking the recording of the case as evidence, at the representative room of the above C’s rest room located in Ulsan-gu E, Ulsan-gu, U.S., as well as under the presence of F of the head of the packaging team, the Defendant stated that the Defendant would take measures, such as additional employment of human resources, and that he would take part in the work volume allocation.

Accordingly, the Defendant recorded a conversation between others that is not open to the public.

2. Where any person records or listens to a conversation between others that is not open to the public by means other than those provided for in Acts, such as the Protection of Communications Secrets Act, he/she shall not make public or divulge the contents of such conversation.

At around 08:40 on December 14, 2018, the Defendant: (a) collected employees under the jurisdiction of the Defendant and made an inquiry into an invasion; (b) made an inappropriate act, such as referring to 58 tons of contract volume received from the prime contractor while talking with the head of the Ban; (c) it is subject to disciplinary action; and (d) made a multiple reproduction of a recording file of conversation between D and F, which was recorded as evidence and as stated in paragraph (1).

Accordingly, the defendant illegally recorded conversations between others that are not open to the public.

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