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(영문) 울산지방법원 2012.11.08 2011고단5107

산업재해보상보험법위반등

Text

Defendant

A shall be punished by a fine of 4 million won.

Defendant

If A does not pay the above fine, KRW 50,000.

Reasons

Punishment of the crime

Defendant

A is an officer or employee of the Korea Workers' Compensation and Welfare Service, who was enrolled in the Korea Workers' Compensation and Welfare Service on May 15, 1995, and worked in the Korea Workers' Compensation and Welfare Service I from March 4, 2005 to July 19, 201.

Defendant

A around June 13, 2009, at the office of the Ulsan Labor Welfare Corporation located in Ulsan Labor Welfare Corporation, sent to L by facsimile the insurance benefit ledger, which is an internal material of the Corporation, at the request of L, which is an employee of the former Labor Welfare Corporation, at the office of the Labor Welfare Corporation located in Ulsan Labor Welfare Corporation, and sent to L by facsimile the insurance benefit ledger, which is an internal material of the Corporation, from June 2009 to March 201, as shown in attached Table 1, as shown in attached Table 1, the above Korea Labor Welfare Corporation I sent to L through facsimile the data such as the insurance benefit ledger, additional sickness application processing, wage ledger, detailed investigation, settlement of insurance relationship, details of each place of business disaster, etc., which is inside the Corporation, or by facsimile

As a result, Defendant A used personal information without disclosing or processing it, providing it for another person's use, and disclosed the confidential information that comes to his knowledge in the course of performing his duties.

Summary of Evidence

1. The defendant A's partial statement

1. Each legal statement of the witness N and M;

1. Each protocol of examination of the suspect against Defendant A by the prosecution;

1. Statement made to the prosecution by the N;

1. Application of the Acts and subordinate statutes to copies of current data seized inside the NHIS;

1. Article 127(3) and Article 21(3) of the Industrial Accident Compensation Insurance Act (hereafter “Act on the Protection of Personal Information”) concerning facts constituting an offense, and Articles 23(2) and 11 of the former Act on the Protection of Personal Information of Public Institutions (hereafter “Act on the Protection of Personal Information” in Article 10465, Mar. 29, 201);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act concerning concurrent crimes (Punishment prescribed for a violation of the Act on the Protection of Personal Information of Public Institutions with heavy punishment);

1. Selection of selective fines (see the following reasons for sentencing):

1. Determination as to the assertion by the Defendant A and the defense counsel under Articles 70 and 69(2) of the Criminal Act for the detention of the workhouse.