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(영문) 광주지방법원 2018.01.12 2017고정1792
개인정보보호법위반
Text

Defendants shall be punished by a fine of 1.5 million won.

In the event that the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

Defendant

A was in the process of a lawsuit for division of friendship or D and property with respect to the forest land in South Yangyang-gun, but it became known that Defendant B installed CCTV for crime prevention in the house E and that the CCTV is taking the entrance of the said forest, and that Defendant B made a request for the right to access CCTV to Defendant B.

1. No person who manages personal information under Defendant B shall provide a third party with such personal information without the consent of the subject of information;

From December 2, 2015 to March 13, 2017, the Defendant informed A of the ID and password so that A, a third party of the CCTV, can read CCTV without the consent of D, an owner of information, and provided A with the personal information of the subject of information to a third party.

2. A person who manages personal information of a defendant A shall not provide a third party with such personal information without the consent of the subject of information, and shall not be knowingly provided with such personal information;

From December 2, 2015 to March 13, 2017, the Defendant received the personal information of the subject of information by putting the ID and password available for perusal of CCTV even though he/she knew that B did not obtain the consent of the subject of information, which is a data subject, from around December 2015 to March 13, 2017.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made in the police statement protocol with D;

1. Each description of the unmanned security system and CCTV use contract;

1. Application of the Acts and subordinate statutes governing the installation of CCTV in B;

1. Article 71 (1) 1 of the Personal Information Protection Act and Article 17 (1) 1 of the same Act and Article 17 (1) 1 of the same Act and the selection of fines for negligence;

1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act, each of the orders for provisional payment;

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