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(영문) 대구지방법원 2015.02.11 2014고정2431
개인정보보호법위반등
Text

The defendant shall be innocent.

Reasons

1. The Defendant in the facts charged in the instant case is a religious person, who is in charge of audit and inspection in the “E” assembly, which is a church of the German church.

The victim F is the current or former member of the G church belonging to the above E E.

Around March 2013, the Defendant: (a) conducted an audit of the unconstitutionality of the victim; and (b) drafted a “report on the financial audit of the financial director of the previous GGGGGF,” stating personal information, such as the victim’s name, position, date of birth, account number, etc., to the effect that the victim did not deposit KRW 23,437,00,000,000,000,000.

On May 24, 2013, the Defendant sent the audit report to the said I upon the request of I from the E Office located in Daegu-gu H to the principal of the said G principal.

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

2. Determination:

A. Article 2 subparag. 5 of the Personal Information Protection Act (amended by Act No. 11695, Aug. 6, 2013; hereinafter the same) provides that “personal information manager” means “a public institution, corporation, organization, individual, etc. that manages personal information directly or through another person for the purpose of his/her duties”; “personal information manager” refers to information pertaining to a living person, which can be identified by using his/her name, resident registration number, image, etc. (including information that can be identified by simple combination with other information even if the information in question cannot be identified by itself); “management” refers to the collection, creation, recording, storage, holding, processing, editing, searching, searching, printing, correcting, using, disclosing, destroying, and other similar acts; and “personal information file” refers to any act that systematically arranges the management of personal information in accordance with a certain rule so that personal information can be readily searched.

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