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(영문) 서울중앙지방법원 2016.11.02 2016고정2981
개인정보보호법위반
Text

The Defendants are not guilty.

Reasons

1. Facts charged;

A. Defendant A is the head of the “MRO business division” team of Company B.

Upon receipt of a request from a subject of information, the personal information manager shall investigate the personal information without delay concerning correction or deletion of the personal information, take necessary measures, such as correction or deletion at the request of the subject of information, and notify the subject of

Nevertheless, from May 19, 2016 to July 6, 2016, the Defendant requested the deletion of personal information from the victim D, who is the victim, from the victim, to the victim, but continued to use personal information without taking necessary measures, such as deletion.

B. Defendant B is a legal entity that operates leisure, construction, building management, ESO business, and Defendant A with respect to the business of the legal entity.

In other words, the act of violation such as the paragraph has been committed.

2. Determination

A. The prosecutor of the applicable provisions of the Act to the facts charged in this case brought a prosecution by applying Article 73 subparagraph 2 of the Personal Information Protection Act and Article 36 (2) to the facts charged in this case.

(b) An owner of information who has inspected his/her personal information pursuant to Article 35 of the relevant Act and subordinate statutes [Personal Information Protection Act] (1) may request a personal information manager to correct or delete such personal information;

Provided, That where other Acts and subordinate statutes stipulate the personal information to be collected, the deletion thereof shall not be requested.

(2) Upon receipt of a request from a subject of information under paragraph (1), the personal information manager shall investigate the personal information without delay, take necessary measures, such as correction or deletion at the request of the subject of information, and notify the subject of information of the result thereof, except as otherwise expressly provided for in other statutes.

(4) A personal information manager shall comply with the proviso to paragraph (1) without delay.

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