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(영문) 광주지방법원 2019.11.26 2019고단3295
공공단체등위탁선거에관한법률위반등
Text

As to the violation of the Personal Information Protection Act in the judgment of the defendant, a fine of one million won shall be decided.

Reasons

Punishment of the crime

The Defendant was the auditor of B (hereinafter referred to as “B”) and was trying to leave the second election for the head of the National East City Partnership, which was conducted on March 13, 2019. Around February 19, 2019, the Defendant renounced to its members by sending text messages declaring the non-election of the head of the union.

1. A person who has been provided with personal information by a personal information manager of a violation of the Personal Information Protection Act shall not use the personal information for any purpose other than the intended purpose of provision, or provide it to a third party, except where the subject of information obtains a separate consent

Nevertheless, around September 10, 2018, the Defendant received a list of union members containing personal information, such as the name of union members for each farming association, from B association, which is a personal information manager, and then requested E, which operates a mutual public opinion poll business entity of “D” located in the former Southern C, to conduct a public opinion poll for union members. On February 14, 2019, the Defendant, along with the name and address of union members for each farming association listed in the said list, sent the personal information collected by the Defendant to E by e-mail and used it for a public opinion poll, thereby using or providing it to a third party.

2. No executive or employee of an entrusted organization in violation of the Commissioned Election Act shall investigate or announce a support rate of the elector for a candidate (including a person who intends to be a candidate).

Nevertheless, around February 14, 2019, the Defendant requested 50,078 members of the B association to conduct a public opinion poll for 500,000 won for the members of the B association to operate the public opinion poll company with “D” trade name located in Jeonnam, and this is against 1,078 members of the B association during the period from February 15, 2019 to February 16, 2019.

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