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

1. A personal information manager of facts constituting an offense shall not use personal information beyond the scope prescribed by statutes, and the operator of image data processing equipment shall not use the recording function;

Nevertheless, from August 2016 to February 2017, the Defendant established a shower smart web camp with a recording function for the purpose of preventing theft and collecting evidence in the C office and the practice room in the Seocho-gu Seoul Metropolitan Government’s operation from August 2016 to February 2, 2017, and used the above images, and inspected the items possessed by the said D, E, and F by photographing the pages of meals of D, E, and F, and by using the above images for the purpose of installation.

Accordingly, the defendant used personal information beyond the purpose of establishing smart web campaigns and used recording functions.

2. Determination

A. Article 71 Subparag. 2 of the Personal Information Protection Act provides that “A person who uses personal information or provides a third party with personal information in violation of Article 18(1) and (2) shall be punished.” Article 18(1) provides that “A personal information manager shall not use personal information beyond the scope provided for in Article 15(1) or provide a third party with personal information beyond the scope provided for in Article 17(1) and (3).” The main sentence of Article 18(2) provides that “A personal information manager may, notwithstanding paragraph (1), use personal information for any purpose other than the intended purpose or provide a third party with such information, unless it is likely to unfairly infringe on a subject of information or a third party’s interest in any of the following cases.”

In addition, Article 2 subparagraph 5 provides that "personal information manager" means a public institution, corporation, organization, individual, etc. that processes personal information directly or through another person to operate personal information files for the purpose of his/her duties."