The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. Although a medical person or a founder of a medical institution must preserve medical records, etc. (10 years) from around February 16, 2009, while working as a medical doctor at the uniform hospital of a high school from around 2002, the Defendant was given a loan for medical records of 19 patients, including E, from the medical records room of a high school and the medical records room of a high school and college on January 19, 201, and did not return the records of 19 patients, including E, while retiring from office around January 19, 2010.

2. The principle of no punishment without the law requires that a crime and punishment shall be prescribed by law in order to protect individual freedom and rights from the arbitrary exercise of the State’s penal authority. In light of such purport, the interpretation of penal provisions shall be strict. It is not permitted to excessively expand or analogically interpret the meaning of the express penal provisions in the direction disadvantageous to the defendant as it is against the principle

(Supreme Court Decision 2015Do354 Decided February 26, 2015, Supreme Court Decision 2013Do4503 Decided September 24, 2014, and Supreme Court Decision 2012Do4230 Decided November 28, 2013, etc.). Articles 90 and 22(2) of the Medical Service Act provide that “a medical person or an opener of a medical institution” as the subject of a crime.

In addition, the purpose of Article 22 of the Medical Service Act, which provides for the duty of preparing and preserving medical records, is to allow a doctor in charge of medical treatment to accurately record and preserve information on the patient's condition and the progress of medical treatment without omitting such information, so that the patient can be provided with appropriate medical care, and after the completion of the medical act, it can be used as data to determine the appropriateness of the medical act.

In light of the above principle of no crime without the law, the purpose of legislation and the protection of legal interest, etc. of the above provision, patients with "medical person" under Article 22 (2) of the Medical Service Act.