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(영문) 대법원 2015.07.09 2013도13070
산업재해보상보험법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the prosecutor’s grounds of appeal on the violation of the Industrial Accident Compensation Insurance Act, Article 21 of the Industrial Accident Compensation Insurance Act provides that “No person who is or was an officer or employee of the Labor Welfare Corporation shall divulge any confidential information learned in the course of performing his duties,” and Article 127(3) provides that a person who discloses confidential information in violation of the above provision

The above provisions are aimed at protecting the function of the Korea Labor Welfare Corporation threatened with the divulgence of secrets. Here, “confidentially known in the course of performing duties” should be in fact worth protecting it as a secret in order to achieve the purpose of the Korea Labor Welfare Corporation, and it cannot be deemed that the function of the Korea Labor Welfare Corporation is threatened solely on the basis that the materials owned by the Corporation are known to the outside in an improper way without taking any procedure as prescribed by the Acts and subordinate statutes or the rules of the Korea Labor Welfare Corporation, and thus, it is

Examining the record in accordance with the above legal principles, materials such as name, resident registration number, date and time of accident, details of disease, treatment period, medical care institution, disability grade, date and time of establishment of an industrial accident, insurance benefit payment, insurance benefit payment, date and time of establishment of an industrial accident, and matters related to industrial accident insurance-related medical institutions, such as the insurance benefit ledger provided by the Defendants to the K labor law firm, additional injury application processing, detailed inquiry into the benefit ledger, processing of the insurance relationship, details of the insurance relationship, etc. are included in the name, resident registration number, accident prevention, injury and disease treatment period, health care institution, disability grade, insurance benefit payment, insurance benefit payment, insurance benefit payment, workplace name, personal information, type of business, date and time of establishment of the industrial accident compensation insurance, and accident prevention of each workplace.

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