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(영문) 대전지방법원 2018.01.26 2017고정881
개인정보보호법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a representative director of the occupant of the “C apartment” and a personal information manager managing the personal information of the occupants.

No personal information manager shall divulge personal information he/she has become aware of in the course of performing his/her duties or provide it to another person without authority.

On January 3, 2017, the Defendant: (a) prepared and distributed a notice stating the personal information of E, the occupant of the above apartment, as of July to November 11, 2017; (b) distributed the said notice in the same manner as around January 20, 2017; and (c) disclosed the personal information of E, which came to know in the course of business on three occasions by attaching the said notice at eight places in the front bulletin board of the above apartment site around January 21, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Public announcement of holding of the annual general meeting;

1. Application of Acts and subordinate statutes governing C apartment mail boxes;

1. Article 71 Subparag. 5 of the Personal Information Protection Act and subparagraph 2 of Article 59 of the same Act (generally referred to as “the selection of fines”) concerning facts constituting an offense and the selection 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 defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant, as the chairperson of C Apartment Residents' Representative Meeting, has acted as shown in the facts charged of this case through a board of directors meeting.

This is an act within a reasonable scope for the public interest as the chairperson of a representative meeting of occupants. Therefore, it is reasonable to view that it is within the scope of use under Article 15 (1) 6 of the Personal Information Protection Act, which is a justifiable act that does not go against social rules.

2. Determination

A. According to the evidence adopted and examined by this court, the following facts and circumstances, i.e., C apartment, a relatively small apartment consisting of 96 households, but the tenants who have entered the factory in the vicinity and move into the directors.

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