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(영문) 대전지방법원 2016.07.21 2016고정377

의료법위반

Text

The defendant shall be innocent.

Reasons

1. The Defendant, in the facts charged, operated the D D D D D D D D D D dental hospital in Daejeon Pung-gu C.

On November 27, 2014, the Defendant: (a) while she was a patient E’s love care at the above hospital, she was sleeped with the elevator equipment for the arrest of sponsor; and (b) discovered and removed the equipment on November 29, 2014.

On December 1, 2014, the Defendant suffered from injury that E suffered from the Defendant’s medical negligence at the above hospital around December 1, 2014

When demanding to copy all records on treatment, such as a record of treatment, a radiation photograph, etc., one of the radiation photographs taken during the voluntary removal procedure was deleted and the remaining radiation photographs were delivered.

Accordingly, the Defendant violated the radiation photograph, which is a record on treatment, even though it should be preserved for five years.

2. Determination

A. The defendant and his defense counsel asserted that the defendant stored a digital radiation photograph file in the computer server and deleted the file on the software, but the digital radiation photograph file is not completely deleted from the computer, but is not in violation of the duty of preservation since it was easily restored.

B. According to the Defendant’s legal statement, investigation report (Attachment of suspect submission data), and the Defendant’s digital radiation device manufacturer installed in the Defendant’s hospital, the following facts are acknowledged according to the Defendant’s inquiry letter about facts.

1) In the digital radiation device used by the Defendant, digital radiation files are sent to a contact PC connected to the digital radiation device, stored in one spora (electronic server), and another spora (DB) contain the trins of video stored in the file server.

2) The radiation photograph files stored in the file server cannot be deleted from the above digital radiation device software. Even if the dex information is deleted, the radioactive photograph files may be delivered to the patient unless the radioactive photograph files stored in the file server are deleted.