Judge Finds Guilty... 200,000 Won Fine Suspended
Court States "Investigation Agencies Also Included as Disclosure Recipients"
A doctor who filed complaints against patients on charges of insult and defamation received a suspended sentence in the first trial for exposing patients' personal information obtained during the treatment process in the complaint documents.
According to the legal community on the 30th, Judge Jeong Eun-young of the Criminal Division 12 at the Seoul Eastern District Court suspended the sentence of a 200,000 won fine for Dr. A, who was prosecuted for violating the Personal Information Protection Act.
Dr. A was brought to trial on charges of disclosing personal information such as names, resident registration numbers, and addresses, which were obtained for treatment purposes, by including them in complaints filed in June 2018 and August 2019 against two patients on charges of insult and defamation, respectively.
Judge Jeong stated, "The recipients of the personal information disclosure include investigative agencies, and the investigative agencies did not request personal details of the patients from Dr. A," affirming the guilt. However, considering that Dr. A is a first-time offender and taking into account the circumstances of the disclosure and prosecution, the judge suspended the imposition of the fine.
A suspended sentence is a system where the effect of the sentence is lost (dismissed) after two years. Under current law, suspension of sentence is possible when the sentence is imprisonment or detention for one year or less, disqualification, or a fine.
In May 2022, Dr. A also filed a complaint with the Seoul Songpa Police Station on charges of insult against another patient who verbally abused him, but was acquitted of the charge of including the patient's personal information in the complaint during this process.
Judge Jeong ruled, "Considering that the investigative agency already knew the patient's personal information through the police officers who responded, the evidence submitted by the prosecution alone is insufficient to recognize that the investigative agency did not know the patient's personal information."
Meanwhile, on the online community for doctors and medical students, 'Medistaff,' a controversy over defamation arose as posts mocking residents who did not participate in the collective resignation as 'Cham-uisa' (mocking term for attending doctors) were uploaded, including their personal information.
The Cyber Crime Investigation Unit of the Seoul Metropolitan Police Agency has booked the community operator on charges of defamation and obstruction of business and conducted raids on their home and office.
The police stated that they plan to summon some of the individuals who posted the articles and are tracking down the other authors as well.
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