Exclusive: Daechi-dong Apartment Manager Convicted and Fined for Personal Data Law Violation Amid 'Abuse of Power' Allegations

[Financial News] The manager of Seonkyung Apartment in Daechi-dong, Seoul, was convicted and fined 6 million won for violating the Personal Information Protection Act after being prosecuted for infringing on residents’ personal data. The court found that the manager committed the offense to secure evidence favorable to himself during a dispute with residents that erupted after a security guard took his own life, claiming abuse by the manager.
The Supreme Court of Korea’s third division, presided over by Justice Lee Heung-gu, dismissed the appeal of Mr. Ahn, who was indicted for violating the Personal Information Protection Act, on the 16th of last month, upholding the second trial’s sentence of a 6 million won fine.
In May 2023, Mr. Ahn was prosecuted for instructing an office employee to record, with a mobile phone, CCTV footage installed in the apartment that captured two residents.
Earlier, in March of the same year, security guard Mr. A took his own life at this apartment. In his suicide note, he stated that Mr. Ahn had caused him distress by demoting him from chief security guard to a regular guard and subjecting him to abuse of power.
Subsequently, the apartment’s election committee and other residents called for the dismissal of the manager and the president of the residents’ representative council, escalating the conflict. The election committee collected signatures for the dismissal proposal and distributed notices via mailboxes.
During this process, it was revealed that Mr. Ahn instructed an office employee to record CCTV footage showing two election committee members engaged in these activities.
At the first trial, employee Mr. B, who acted under Mr. Ahn’s instructions, testified that he was pressured by Mr. Ahn to sign a pre-written statement of facts. The statement, submitted to the police, claimed that Mr. B had not received such instructions and that checking CCTV was part of routine duties.
Both the first and second instance courts found, based on Mr. B’s submitted phone recordings, that "Mr. Ahn instructed Mr. B to record the footage and watched the videos, which constitutes the use of 'personal information' as defined by the Personal Information Protection Act." The recordings included Mr. Ahn asking Mr. B to "select and find footage of specific people at specific times" and to identify individuals appearing in the videos.
The court further noted that Mr. Ahn committed the offense to use the footage in the conflict with residents. The lower courts stated, "Violation of the Personal Information Protection Act is an offense requiring intent for profit or illicit purpose. Mr. Ahn, amid the dispute over the dismissal of the council president, committed the crime to secure evidence favorable to the president, exceeding the scope of CCTV management as an apartment manager."
Prosecutors initially indicted Mr. Ahn with a summary order for a 4 million won fine, but Mr. Ahn requested a formal trial. The court later imposed a higher fine of 6 million won. Meanwhile, allegations that Mr. Ahn damaged election notices during the process of the council president’s dismissal vote have been referred to the prosecution for further investigation.
Regarding Mr. A, who took his own life citing Mr. Ahn’s abuse, the Korea Workers' Compensation and Welfare Service (COMWEL) recognized his death as an industrial accident and decided in December 2023 to grant survivor’s benefits to his family. On the other hand, the Seoul Gangnam District Office of Employment and Labor, which investigated Mr. Ahn for workplace harassment, concluded there was no charge, stating, "Although colleagues testified to bullying akin to abuse of power, Mr. Ahn denied the allegations and specific circumstances could not be established."

unsaid@fnnews.com Kang Myung-yeon Reporter