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(영문) 서울동부지방법원 2015.02.06 2014고정1331
개인정보보호법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in this case is the person who is the representative committee of the management body on the 11st floor of Songpa-gu Seoul Metropolitan Government D building and the management and business activation portion and the chairman.

On January 28, 2014, the Defendant: (a) prepared a written complaint to file a complaint against the complainant by defamation in excess of the scope of the purpose of collection without the consent of the subject of information, and used it for private purposes on the 28th of the same month; (b) prepared and used it for personal information, such as the name, resident registration number, address, etc. of the complainant stated in the report on the shop owners

2. Determination

A. Although the defendant's assertion of the defendant and his defense counsel used personal information of the complainant when preparing a written complaint against the complainant without the consent of the complainant, the defendant did not constitute a personal information controller under the Personal Information Protection Act since he did not collect or manage personal information of the complainant for the purpose of his duties, and therefore, it does not constitute a requisite

B. (1) Determination is made as follows: Article 2 (Definition) of the Personal Information Protection Act (Definition) provides for the following terms:

5. The term "personal information manager" means a public institution, legal entity, organization, individual, etc. that processes personal information directly or through another person to administer personal information files for business purposes;

Article 15 (Collection and Use of Personal Information) (1) A personal information manager may collect personal information and use it for the purpose of collection in any of the following cases:

1. Where the consent is obtained from the subject of information;

2. to 2.

6. The personal information manager shall not use the personal information beyond the scope provided for in Article 15 (1) or provide a third person with such information beyond the scope provided for in Article 17 (1) and (3).

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