A. The Defendant’s assertion of mistake of facts has lent money to E, F, G, and H (hereinafter “E, etc.”) to the “I Consumer Cooperative” (hereinafter “I Consumer Cooperative”) at his own expense, and thus, the Defendant cannot be deemed to have registered the establishment of the “Kwon” and “M Council” (hereinafter “each medical institution of this case”) as indicated in the judgment of the court below. As such, the Defendant established and operated the “Kwon” and “M Council” (hereinafter “the medical institution of this case”) established with lawful authorization under the Consumer Cooperatives Act, and thus, did not constitute a violation of the Medical Service Act due to the establishment of a non-medical institution.

B. The lower court’s sentence on the assertion of unfair sentencing (two months of imprisonment, two years of suspended execution, and one hundred and sixty-hour community service) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, it is reasonable to view that the act of a general public who is not qualified as a medical person by investing necessary funds in a facility and having a qualified medical person report the establishment of a medical institution in the name of the medical institution is deemed to be in violation of the main sentence of Article 33(2) of the Medical Service Act, and the report on establishment was made in the name of a medical person.

or a medical person who is the title holder of the report of establishment has directly performed medical practice.

shall not be reason to deem otherwise.

In addition, this legal doctrine also applies to cases where the establishment of a medical institution is reported in the name of a consumer cooperative (hereinafter “consumer cooperative”) established under the Consumer Cooperatives Act (hereinafter “Consumer Cooperatives Act”) which explicitly permits medical business.

The Biological Cooperation Act promotes consumer's autonomous, self-reliance and self-governing living cooperative activities, thereby improving the members' lives as a consumer and promoting the welfare of the people.