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(영문) 창원지방법원 진주지원 2018.10.18 2018고정195
개인정보보호법위반
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

The defendant in the factory office is a person who has served as the head of the examination and treatment administration division in D Hospital located in Jin-si, Jin-si from January 4, 2016 to December 31, 2017.

No person who processes or has processed personal information shall acquire personal information by fraud or other improper means or by other improper means.

Nevertheless, on December 16, 2014, the Defendant, at the emergency room of the above hospital around 01:38, transferred to the emergency room of the above hospital as an emergency patient.

E filed a civil petition over several times with respect to emergency investigation in the course of hospitalization of E's mother-friendly F, and E prepared a petition with respect to defamation, interference with business affairs, andless accusation with respect to E, and intended to receive it to the public service center of the Jinnam Police Station.

On September 22, 2016, the Defendant acquired the personal information of E by collecting, using, and jointly sharing personal information of patients who were prepared by E at the time of his mother F’s internal signature, and by collecting the E’s mobile phone number, etc. used when filing a civil petition civil petition on the website of the above hospital.

Maz.

1. “False or other unlawful means or methods” under Article 72 subparag. 2 of the Personal Information Protection Act means a deceptive scheme used to acquire personal information or obtain consent to the management thereof, or other unlawful means in light of social norms, and it is reasonable to deem that such means is an affirmative or passive act that may affect the decision-making of the subject of information as to whether to consent to the acquisition or management of personal information.

In addition, in determining whether personal information has been acquired or consented to the management by fraud or other improper means or means, only the act of the personal information manager to obtain his/her consent should not be judged individually, and the entire process of the personal information manager obtaining his/her consent or obtaining his/her consent to the management is revealed.

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