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(영문) 인천지방법원 2014.07.11 2013노2755
업무상배임
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the court below erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment, although the defendant did not arbitrarily divulge the technical documents and product standards of the corporation E to A.

2. Determination:

A. According to the evidence duly examined and adopted by the lower court and the first instance court, the following facts are acknowledged.

1) A is a stock company E (hereinafter “E”) established for the purpose of manufacturing and distributing medical devices from December 1, 1997 to December 1, 1997.

(2) On April 27, 2010, the Defendant retired from office on April 201, 2009, while serving as a general manager in charge of production, such as the factory head, etc., and the Defendant was employed on February 23, 2007 and retired from office on February 28, 2010. (2) A, around the time of retirement, had a company B (hereinafter “B”) established for the purpose of manufacturing and selling medical devices, etc. (hereinafter “B”) and had a manager take office as the representative director. However, on April 27, 2010, the Defendant took office as the representative director.

3) The Ministry of Food and Drug Safety (hereinafter “Food and Drug Administration”)

) From the perspective of obtaining marketing approval under the Medical Devices Act, “technical documents” related to quality, such as performance, safety, etc., of the relevant item, which include raw materials, structure, purpose of use, method of use, operating principles, operating principles, precautions for use, test specifications, etc., shall be submitted to the head of the Food and Drug Administration (see Articles 6(5) and 2(2) of the Medical Devices Act). According to the relevant statutes, such as the Medical Devices Act, evaluation of suitability for the manufacturing and quality control standards of the medical devices (GMP; hereinafter “quality examination”) implemented by testing institutions, such as Korea Industrial Technology Laboratory, etc. on a regular basis as well as at

A medical device can be manufactured and sold only after it is required to undergo a quality examination, and a "product standard form" of the relevant medical device must be prepared and submitted, and a product standard form shall be manufactured.

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