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(영문) 울산지방법원 2021.01.15 2020노1009
의료법위반
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds of appeal is that the defendants' main purpose of the defendants' act is to operate the hospital and to benefit from the hospital, so the purpose of the appeal is not justifiable, and there is no other means such as deletion of the complainant's writing through the lawsuit, and thus there is no reasonableness, urgency, and supplement of such means, and the balance of legal interests is not satisfied, and thus, it does not constitute a justifiable act. Thus, the judgment of the court below which acquitted the defendants of the facts charged in this case, and it is erroneous in the

2. Judgment on the grounds for appeal

(a) No medical person or person working for a medical institution shall divulge or announce any other person's information he/she has become aware of in the course of performing duties of medical treatment, assistance in child delivery or nursing, or preparation and issuance of a medical certificate, death certificate, preparation and issuance of prescription, perusal and issuance of copies of medical records, and preparation, keeping, and management of electronic medical records;

Defendant

A is a doctor who has worked for D's father and child in Yangsan-si, and Defendant B is a person who has worked as the director of the headquarters of the above hospital.

Defendant

A around October 22, 2018, at the examination and treatment room of the above hospital, written a notice stating information on E, such as “the brain death and newborn baby death of the above father and the newborn baby from Sep. 21, 2018,” the respiratory and beer condition in the delivery room in the delivery room, changes in the pulmonary and beer condition in the delivery room in the delivery room, changes in the pulmonary bombia of the mother in the delivery to the operation room, the kind of drugs administered to the mother, measures taken during the transfer to the university hospital, etc.

In addition, after examining the contents of the above notice, Defendant B added the contents of the process of agreement with the mother guardian, sent the above notice to the employee F, and posted it to the G carpet “H” operated and managed by the above hospital.

As a result, the Defendants conspired to divulge another person's information in the course of providing medical treatment.

B. The lower court’s judgment.

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