의료기사등에관한법률위반
The prosecution of this case is dismissed.
1. The Defendant is a person who has served as a radiation engineer belonging to the C Hospital on the third floor of the Daegu-gu Office building B.
A medical technician, etc. shall not divulge any confidential information acquired in the course of performing his/her duties, except as otherwise expressly provided for in statutes.
Nevertheless, on January 2, 2017, the Defendant, who served as a radiation engineer at the above hospital, taken photographs of radiation in the form of the name, gender, and the date of treatment, which were recorded, as a child patient at the above hospital, into a mobile phone of the Defendant without the consent of the above patient and his/her guardian, and disclosed such pictures to the general public.
Accordingly, the defendant revealed the confidential information that he came to know as a medical technician.
2. The facts charged in the instant case are those falling under Articles 30 (1) 3 and 10 of the Medical Technicians, etc. Act, and prosecuted only upon a complaint under Article 30 (2) of the same Act.
In light of the records, there is no evidence to prove that the injured party filed a complaint against the defendant. Ultimately, the facts charged in this case constitutes a case where the prosecution procedure is invalid in violation of the provisions of the law. Thus, the prosecution is dismissed pursuant to Article 327 subparagraph 2 of the Criminal Procedure Act. It is so decided as per Disposition.