A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant is a person who served as the chairperson of Suwon-si Seoul Apartment Housing Management Committee from August 2016 to January 9, 2017.

On October 23, 2016, the Defendant, as the chairperson of the election management office, presented a proposal for the dismissal of the representative of the 14th residents' representative council of the 14th occupants' representative council, which was submitted by the apartment residents through the head of the office of managing the 5th apartment in accordance with the procedure as the chairperson of the 2016 election management office, and presented the above proposal for the dismissal of the representative, in which personal information is stated, such as the name, the number of houses and signatures of the residents who recommended the dismissal of the representative, at the apartment management office of the 14th residents' representative council, on December 2016.

Accordingly, the defendant disclosed personal information that he came to know in the course of his duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Consent of residents to dismiss the representative of the 14th occupants' representative council;

1. Application of the Acts and subordinate statutes on recommendations for dismissal of the representative of C apartment units;

1. Article 71 subparagraph 5 of the Personal Information Protection Act and subparagraph 2 of Article 59 of the Act on the Protection of Personal Information, which stipulates the relevant Act on the facts constituting an offense and the choice of punishment;

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant presented a proposal for dismissal to the person who requested the dismissal as the chairperson of the election management committee, so there was no intention to divulge personal information, and the defendant's act is a justifiable act that does not violate social norms.

2. Determination

A. While recognizing the fact that personal information is included in the dismissal proposal, the Defendant had the intention to divulge personal information as he shown it to D.

B. According to Article 20(8) of the C Apartment Management Rules, the party who requested the dismissal is given an opportunity to vindicate, and the party submitted the explanation to the occupant, etc.