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(영문) 창원지방법원 마산지원 2015.04.07 2014고단773

공무상비밀누설

Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. The summary of the facts charged is a public official of Grade VI belonging to Msan Regional Maritime Affairs and Port Authority; Defendant B is a public official of Grade VII belonging to the same division; Defendant B is a person in charge of formulating and inspecting a safety inspection plan for dangerous substances in Msan Port; Defendant A was a person who was in charge of the same duties as a person who was in charge of the affairs handled by B from January 201 to August 2013.

On March 30, 2012, the Defendants notified the Ministry of Land, Transport and Maritime Affairs of the official door "Notice of Safety Management Inspection Plans for National Infrastructure (harbor Areas)" implemented in the port operation and port operation of the Ministry of Land, Transport and Maritime Affairs. According to the above official text, the Defendants informed the Ministry of Land, Transport and Maritime Affairs of the inspection plan for hazardous materials facilities, etc. in the Msan Port directly conducted by the Ministry of Land, Infrastructure and Transport from April 17, 2012 to April 19 of the same month. They conspired to inform the Minister of Land, Transport and Maritime Affairs of the inspection plan and inspection matters.

Defendant

A around April 18, 2012, at the D office of the Masan Regional Maritime Port Authority, directed the Defendant B to send two pages of the C office of the Masan Regional Maritime Port Authority to the D office of the said inspection plan, "the field of dangerous substances (fire-fighting)", which is the main examination of each area included in the D's written inspection plan, by facsimile, to the D's office of the said inspection plan, and the Defendant B accordingly sent the said document to the D's office of the SK Energy Masan Logistics Center and divulged the confidential information acquired in the course of performing his duties.

2. The alleged prosecutor asserts that, although the safety management inspection conducted by the Minister of Land, Transport and Maritime Affairs with respect to (a) Jinyoung and (b)SK Energy Distribution Center (hereinafter “each of the instant companies”) under the control of the Ministry of Land, Transport and Maritime Affairs, the Defendants sent two pages of “the field of dangerous substances (fire-fighting)” by field (hereinafter “instant documents”) to each of the instant companies by facsimile, the Defendants divulged the date, time, and details of the inspection, which is confidential safety management.