The defendant's appeal is dismissed.

1. The judgment of the court below which convicted the defendant on the ground that it did not keep the summary of the grounds for appeal by mistake of facts or misapprehension of legal principles, since it was lost while moving the photographic film from a hospital to the principal hall, and the defendant did not intentionally destroy it or have paid due attention to the level normally expected.

2. Determination

A. Pursuant to Article 22(2) of the Medical Service Act, a medical person or a founder of a medical institution shall preserve medical records, etc., as prescribed by Ordinance of the Ministry of Health and Welfare, and a person who does not preserve them shall be punished pursuant to Article 90 of the same Act, and the Enforcement Rule of the same Act specifically specifies the records pertaining to medical treatment and preserve them by setting a period of preservation for each records pertaining to individual medical treatment. As such, the purport of allowing a medical person or founder of a medical institution to preserve records, etc. is to allow not only the medical person in charge of medical treatment but also the founder of a medical institution to preserve information pertaining to the status of patients whose accurate records are recorded and the progress of medical treatment, thereby allowing the medical person to use such information for continuous patient treatment, but also allowing other persons engaged in the medical service to provide such information with appropriate medical treatment, and allow them to use such information as data to determine the appropriateness of the relevant medical

(See Supreme Court Decision 97Do2124 delivered on January 23, 1998). B.

According to the evidence duly admitted and examined by the lower court, the Defendant, as the representative of the hospital, instructed the employees of the hospital and the service company to transfer materials kept in the hospital’s villa to the principal hall on March 28, 2014, and differently from the chest X Line film or disguised video film taken in digital format, the Defendant is within the box.