Text
Defendant
A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 3,000,000, respectively.
The Defendants respectively.
Reasons
Punishment of the crime
Defendant
A is a medical institution employee working for the Department of Primary Administration of the D Hospital in Mosisisi, and Defendant B is a graduate student of the E University from March 1, 2013 to November 30, 201.
1. On November 2013, Defendant A provided 4,235 personal information to Defendant B, the representative of the F Cultural Center located in the hospital, without the consent of the patient who is the subject of information and pregnant or nursing women, on two occasions via the name, contact number, tea number, content of treatment, frequency of delivery, pregnancy period, delivery period, delivery type, birth time, newborn gender, body weight, etc. of alien patients and pregnant or nursing women, etc., who are kept in the office of the original administration department of the hospital as above, and without the consent of the patient and pregnant or nursing women.
2. The defendant B received personal information of the above paragraph (1) from the defendant A, who is an employee of the above hospital, despite being aware of the fact that he did not obtain the consent of the outpatient patient and pregnant woman within the F Culture Center office.
Summary of Evidence
1. Defendants’ respective legal statements
1. Application of Acts and subordinate statutes to photographs, such as a copy of seizure records, copy of seizure list, delivery ledger, etc.;
1. Article 71 Subparag. 1 of the Personal Information Protection Act and the Defendants’ choice of punishment on criminal facts: Determination of fines
1. Defendants among concurrent crimes: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act
1. Defendants of detention in a workhouse: Articles 70(1) and 69(2) of the Criminal Act
1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act