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(영문) 인천지방법원 2017.11.30 2017고정455
업무상비밀누설
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

B is an attorney-at-law operating a law office B, and Defendant A is the chairman of the C Trade Union as a worker of C.

No one shall damage another person's information processed, stored, or transmitted through an information and communications network, or infringe on, misappropriate, or divulge another person's secrets.

Nevertheless, around June 10, 2015, the Defendant posted the e-mail content in the title “Fasting off to H” sent by the victim E to the Intenet, a worker affiliated with C, using the computer at the location of the C Trade Union Office located in Yeonsu-gu Incheon, and up to July 1, 2015, the Defendant posted e-mail exchanged between the victim and his employees, such as the victim’s and his employees, for 48 times, from around that time to July 1, 2015.

The above e-mail content is that the Incheon Viewing I printed out the content of the victim’s e-mail stored by the information and communications network while conducting a special audit of the victim, and provided the case to the attorney B who delegated the case in relation to the case, such as obstructing the victim’s exercise of rights.

Accordingly, the defendant revealed another person's secret processed, stored, or transmitted through information and communication network.

Summary of Evidence

1. The defendant's legal statement (the third public trial date);

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement protocol by the police for E;

1. The defendant A and the defense counsel asserted that the e-mail posted as stated in the facts constituting a justifiable act in order to protect the legitimate legal interests of the Trade Union and Labor Relations Act by illegally impairing the Trade Union and by illegally doing so, it constitutes a legitimate act. The defendant A and the defense counsel asserted to the effect that the illegality of the e-mail should be avoided.

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