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(영문) 서울중앙지방법원 2018.04.18 2017고정3942
개인정보보호법위반
Text

The defendant shall be innocent.

Reasons

1. No person who processes or has processed personal information of another person shall divulge such personal information without due authority or beyond permitted authority;

The defendant, as a resident of Gangnam-gu apartment in Seoul, discovered that the victim C, who is the resident of the above apartment, was in dispute with the victim of the above apartment in relation to the establishment of the Pyeongtaek apartment sports center in Gangnam-gu, and found that he criticizes the defendant's writing on the bulletin board of the above apartment website (D), the defendant's name and date of birth, etc. in advance through a certified copy of the victim's registry at the victim's residence, and on November 9, 2016, around 419 Dong 804, the defendant used the computer in the bulletin board of the above apartment homepage "C C C C C C 1963, 1963, 1963, was flickly flickly flick.

On the other hand, this article argues that the victim's personal information was leaked in a way that "I cannot do so because I cannot do so with the falsity of his or her previous argument and return it to him or her regardless of his or her argument," provided that "I cannot do so with the falsity of his or her anonymous character hiddenly satisfing or harmfully satisfing."

2. Determination

A. It is as shown in the relevant statutes attached to the Personal Information Protection Act.

B. Article 71 Subparag. 1 of the former Personal Information Protection Act (amended by Act No. 12504, Mar. 24, 2014; hereinafter “Personal Information Protection Act”) provides that a person who provides a third party with personal information without the consent of a subject of information in violation of Article 17(1) and a person who is aware of such fact shall be punished. Article 17(1) provides that “the person who manages personal information may obtain the consent of the subject of information or provide personal information within the scope of the collected purpose,” and “the person who manages personal information” shall be punished.

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