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(영문) 서울북부지방법원 2018.10.19 2018고단29
업무상비밀누설
Text

The prosecution of this case is dismissed.

Reasons

1. The defendant in the facts charged is an attorney-at-law with an attorney-at-law office in Dobong-gu Seoul Metropolitan Government building 604, and the attorney-at-law shall not divulge other person's confidential information

Around July 2016, the Defendant, at the time of the Victim D, represented the victim in the “designation and designation of a person with parental authority” lawsuit filed against the victim’s wife E, and around May 16, 2017, the victim represented the victim in the case of assaulting the victim to E, and the victim representeded the victim in the case of assaulting the victim around May 8, 2017, and became aware of the fact that the victim was a woman working in the same workplace as the victim around 2016 and the father of the relevant female was the father of the said female.

On May 2017, the Defendant, as seen above, became to have several times of communication with the victim to reach an agreement on the case of assaulting E, was developing into E and E in spite of the fact that the Defendant served as a counsel for the victim, and subsequently, became aware of the victim’s confidential information about the victim, who was the counter-party to the lawsuit against the victim, was informed E in order to protect the victim, for E.

After May 2017, the Defendant: (a) was dialogueed with E in the remote area of a place after the middle of May 2017; (b) was a person working for the same company as the victim; and (c) notified the father of the relevant female to E of the fact that he/she was the father of the relevant female, and divulged the confidential information of the victim he/she became aware of in the course of performing his/her duties.

2. The facts charged in the instant case are crimes falling under Article 317(1) of the Criminal Act, which may be prosecuted only upon a complaint under Article 318 of the Criminal Act. The written statement to the effect that the injured party withdraws the complaint was submitted to this court on October 12, 2018, and thus, the instant indictment is dismissed in accordance with Article 327(5) of the Criminal Procedure Act.

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