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(영문) 춘천지방법원 2015.06.24 2014노641
개인정보보호법위반
Text

The Defendants’ appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendants’ act of exchanging personal information as stated in the instant facts charged is to properly respond to unfair lawsuits against the principle of no wages in labor, and thus, it is necessary to achieve the legitimate interests of the personal information manager, which clearly takes precedence over the rights of the data subject, and thus, the illegality is excluded pursuant to Article 15(1)6 of the Personal Information Protection Act.

2. The Defendants asserted the same purport in the lower court, but the lower court found the Defendants guilty of the facts charged in the instant case by comprehensively taking account of the evidence duly admitted and investigated, rejected the Defendants’ aforementioned assertion on the grounds of detailed reasons in the part “as to the Defendant’s assertion”.

In addition to the reasoning of the judgment below, the court below found the defendant guilty of the charges of this case in full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, the limited partnership C and the personal information subject of the victims of this case, which were the victims of this case. Although the defendant Gap had sufficient opportunity to deliver the victims' intent through lawful procedures in the litigation process, he provided the victims' personal information at will to a third party, not a legitimate agent such as attorney-at-law, etc. for dispute resolution of the case in this case. The defendant Eul sent letters to the effect that the victims' public opinion will be made about the acts of the victims through the press conference if the defendant Eul does not withdraw the above civil procedure by soliciting the victims to withdraw the civil procedure using the personal information acquired through the crime in this case. The judgment citing the part of the victims' claim for wages in the above civil procedure became final and conclusive.

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