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(영문) 춘천지방법원 강릉지원 2013.07.23 2013고정261
개인정보보호법위반
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Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant operates the “C convenience store” in Gangnam-si B, and is a person who manages personal information in order to install CCTVs within the said store and operate personal information files for the purpose of performing his/her duties.

On March 2012, the Defendant confirmed that one of the crowdfunding was lost in the process of confirming the inventory goods of the Defendant store, and considered that DNA middle school students have stolen the said crowdfunding through CCTV installed in the store. On March 2012, the Defendant displayed the CCTV screen to the DNA middle school students who visited the Defendant’s store, with the intention to verify the identity of the student who stolen the crowdfunding in the Defendant’s store.

No one shall provide personal information to a third party without obtaining consent from a subject of information unless it falls under a specific ground prescribed by the Personal Information Protection Act.

Nevertheless, at around 17:00 on March 9, 2013, the Defendant sent the CCTV screen pictures to E and F, a student of D middle school, who was found in the Defendant’s store, with the face of the victim G and H taken. On the 14th day of the same month, the Defendant displayed the above CCTV screen pictures to I, a teacher of D secondary school, at the Defendant’s store around 15:30.

Accordingly, the defendant provided the victim G and H's personal information to E, F and I without the consent of the victims, who are data subjects.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to J, G, K, H, and I;

1. Each statement of E and F;

1. Application of each statute on filing of a complaint;

1. Subparagraph 1 of Article 71 of the Personal Information Protection Act and Article 17 of the same Act concerning facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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