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(영문) 춘천지방법원 2015.11.26 2015고단849
공공기관의개인정보보호에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From March 1, 2008 to November 7, 2010, from September 5, 2011 to July 5, 2012, the Defendant was in charge of long-term care duties at the Redcheon Branch of the National Health Insurance Corporation located in Gangseo-gu Seoul Metropolitan Government Seoul Metropolitan Government, and from November 8, 2010 to September 4, 201, the Defendant was in charge of the installation and operation of the grading committee at the Medical Care Benefit Center of the Seoul E National Health Insurance Corporation.

Any employee of a public agency who manages personal information shall be prohibited from using it for unjust purposes, such as divulging or processing without authority any personal information which he has learned in the course of performing his duties.

Nevertheless, from April 4, 201 to May 5, 201 of the same month, the Defendant, at the office of the Ministry of Health and Welfare for recognition and management of the Medical Care Benefit Center of Seoul E-Seoul National Health Insurance Corporation, connected to the register of application for long-term care of the National Health Insurance Corporation by using a computer located therein for the purpose of allowing the Defendant to use “F” in business activities, such as attracting patients, using a computer located therein. On April 4, 201, the Defendant printed out the name, administrative address, etc. of 70 persons listed in the attached Form, including H, registered as an applicant for long-term care in the above D and delivered it to the said G

Accordingly, the Defendant used personal information acquired in the course of performing his duties as an employee of a public institution that manages personal information for improper purposes such as disclosing personal information or providing it for others.

Summary of Evidence

1. Full or partial statement of the defendant and witness G;

1. Examination protocol and statement of prosecutorial assistant in charge of G;

1. Statement of the police statement to I;

1. Application of Acts and subordinate statutes on investigation reports;

1. Articles 23(2) and 11 of the former Act on the Protection of Personal Information of Public Institutions (amended by Act No. 10465, Sep. 30, 201) concerning criminal facts

1. Selection of imprisonment with prison labor chosen;

1. The Criminal Act, the suspension of execution;

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