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(영문) 수원지방법원 안산지원 2014.10.07 2014고정307
개인정보보호법위반
Text

The defendant shall be innocent.

Reasons

1. The defendant and C (the 34 years old) are the same representative of the apartment complex and the chairman of the council of occupants' representatives respectively.

Although the Defendant was not provided with personal information with the knowledge that it is not a case of providing personal information within the scope of the purpose of collecting personal information, the Defendant was provided without C’s consent for the purpose of displaying it to residents from the apartment management office around October 1, 2013.

2. The following circumstances acknowledged by the evidence duly adopted and examined by the court. At the time of the instant case, C’s husband D was the president of the instant apartment, and the Defendant was one of the representatives of the instant apartment units, who were the officers of the council of occupants’ representatives; C had affixed the official seal on the documents related to the payment of management expenses on behalf of D on August 2013; since around September 2013, some residents including the Defendant, etc. promoted a resolution of dismissal on the ground that C was acting as the president of the council of occupants’ representatives. Since around September 2013, 2013, 236 households of the instant apartment units were consenting to the residents’ voting for the resolution of dismissal of D; and it is difficult to confirm whether C’s sealing falls under the grounds for dismissal of executive officers provided for in Article 20(1)1, 2, and 3 of the instant apartment units’ management rules, and it is difficult to conclude that C’s removal procedure was unlawful under Article 20(2) of the said bylaws.

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