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(영문) 춘천지방법원 강릉지원 2019.08.29 2019노78
개인정보보호법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (fact-finding) is that the Defendant, a personal information manager, received D and E personal information on the power of attorney submitted for the verification of eligibility for the election of the C Apartment Representative from A, and obtained the consent of the subject of information, and could sufficiently be aware that the act was an act of providing personal information in violation of the purpose of collection of the relevant personal information. Accordingly, the Defendant is recognized as an intentional act of

2. Based on its stated reasoning, the lower court acquitted the Defendant on the ground that it was insufficient to view that the Defendant was aware or could have known of the fact that the Defendant received personal information without obtaining the consent of the subject of information, not falling under the grounds provided by Article 17(1)2 of the Personal Information Protection Act, when the Defendant received a proxy stating the personal information of D and E, a personal information manager, from A.

Examining the reasoning of the lower judgment in light of the following circumstances: (a) the Defendant was seeking to acquire the instant personal information in accordance with the evidence duly adopted and investigated by the lower court; (b) the Defendant’s actions taken by the Defendant; (c) the head of the management office (“A”) mentioned the Defendant in relation to the provision of the instant personal information as personal information manager; and (d) there was no circumstance to deem that the Defendant caused errors or omissions in, or actively used, the personal information management work of A; and (c) the Defendant was claiming that D used operating expenses during the period in which D was acting as the representative of the occupants; and (d) there is room to view that the power of attorney in the name of E is included in the scope of the purpose of collecting the personal information; and (d) the effect of the election of the representative of D, the lower

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