Employee Dismissed for Viewing Medical Records Through a Colleague's Account... Court Rules "Excessive Discipline, Dismissal Void"

Court: "No sign of actual leakage confirmed... hospital also bears responsibility for IT management"

A court has ruled that dismissing a worker on the grounds of viewing medical records through a colleague's account is excessive discipline.

The Busan District Court in June ruled in favor of the plaintiff in a dismissal-nullity confirmation suit filed by hospital employee Mr. A against B Hospital.

Mr. A performed duties such as insurance review and medical fee billing, then was transferred to the management department and had been in charge of administrative work such as the hospital's IT management. According to the ruling, Mr. A accessed the system a total of 10 times using the IDs and passwords of fellow employees and viewed medical records, and as a result received notice of disciplinary dismissal from the hospital.

Mr. A acknowledged the fact that he viewed the medical records, but argued that he had not leaked, stored, or utilized personal information externally and that no actual damage had occurred. He also contended that, having worked diligently for about 10 years with no particular disciplinary record, dismissal was an excessively heavy disposition.

The court sided with Mr. A. The court stated, "While the fact of viewing medical records using another person's account is recognized," it also said, "no sign of leaking, storing, or providing the personal information externally was confirmed, and it is difficult to see that actual damage occurred."

It continued, "The hospital, too, bears responsibility for neglecting an environment in which another employee's account could easily be used by failing to properly manage accounts and passwords," adding, "Considering that Mr. A worked diligently for about 10 years with no particular disciplinary record, it is difficult to see that the relationship of trust was damaged to the extent that, under social norms, the employment relationship could not be continued."

Yoon Kyung-won, the attorney of Daeryun LLC (law firm) who represented Mr. A, explained, "It was emphasized that the mere fact that misconduct occurred cannot justify dismissal, and that whether actual damage occurred and even the worker's work history must be comprehensively considered," adding, "This ruling is highly significant in that it put the brakes on the practice of employers responding with dismissal by shifting the burden solely onto the individual worker while turning a blind eye to their own responsibility for management neglect."

Reporter Park Myung-hoon parkmh1998@naver.com

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Employee Dismissed for Viewing Medical Records Through a Colleague's Account... Court Rules "Excessive Discipline, Dismissal Void" (Go to Link)