During the 2019 University Academic Proficiency Test, a supervisor in his thirties who was accused of making private contact by acquiring personal information of candidates was convicted in an appeals trial.



Today (21st), the 9th Division of the Seoul Central District Court's Criminal Affairs Office (President Han-don Choi) announced that it broke the court ruling of acquitting Supervisor A, who was accused of violating the Personal Information Protection Act, and sentenced him to probation.




On November 15, 2018, Mr. A was provided with an application form containing personal information such as the name, social security number, contact information, and address of the examinee in the process of supervising the SAT.

Mr. A checked the application form with each examinee's admission ticket to find out the contact information of the examinee B who had seen it at the test site, and a few days later, he sent a message stating that he'satisfied'.



Mr. A was handed over to the trial on charges of using the personal information of another person for purposes other than the purpose for which he was provided, but the first trial court found him innocent.

The judge admitted that Mr. A's conduct was inappropriate, but saw that the ‘SAT Supervisor’, who was at the time, was not considered a'personal information controller' who could be punished by the Personal Information Protection Act.

In this case, because the personal information controller is the Ministry of Education or the local office of education, there is no current law provision to apply to Mr. A, so Mr. A's conduct does not constitute a crime.




However, the appeals court

admitted to Mr. A's suspicion of violating the Personal Information Protection Act, evaluating the

court ruling as "

it is difficult to accept because it undermines the legislative purpose of the Personal Information Protection Act to protect personal information thickly

."



The Appeals Tribunal has systematically interpreted the current regulations than in the first trial to ensure that there is no blind spot in the protection of personal information.

The Ministry of Justice said, "Since Mr. A received personal information from the Office of Education, which is the personal information controller, he corresponds to the'person who received personal information from the personal information controller'. In this case, the act of using the received information for purposes other than the purpose is punishable. I can."




In addition, he sentenced Mr. A to four months in prison and one year probation. “Victor B seems to have suffered a great trauma, such as leaving his existing residence because he was afraid of receiving a contact from Mr. A. Still, Mr. A made excuses and denied the crime. "There is," he said.



In the course of the investigation, Mr. A was reported to have made false claims such as "I misunderstood him with an acquaintance of the academy he was working in the past" and "This is the phone number I heard by chance at a cafe", saying that he did not know Miss B's phone number during the SAT supervision process .



The judge said, "Mr. A urged the withdrawal of the complaint rather than apologizing to Ms. B and asking for forgiveness while the investigation was underway, and even said to the effect that'according to counseling from a lawyer may result in an innocence.' You need to do it."



This is'News Pick'.



(Photo = Yonhap News)