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(영문) 대법원 1995. 12. 12. 선고 95도2154 판결

[의료법위반·근로기준법위반][공1996.2.1.(3),455]

Main Issues

Whether a person who is not qualified medical personnel has violated the Medical Service Act by employing a qualified medical person and filing a report on the establishment of a medical institution under such name.

Summary of Judgment

The act of a medical person who employs a qualified medical person by investing necessary funds in a general public who is not qualified as a medical person and reports the establishment of a medical institution under the name of the medical person is pretended to be a lawful medical institution only formally, and thus, a violation of Articles 66 subparag. 3 and 30(2) of the Medical Service Act is established, and the medical person who is the title holder of the report on the establishment of the medical

[Reference Provisions]

Article 30(2) and Article 66 subparag. 3 of the Medical Service Act

Reference Cases

Supreme Court Decision 81Do3227 delivered on December 14, 1982 (Gong1983, 314) Supreme Court Decision 86Do2742 delivered on February 24, 1987 (Gong1987, 595) Supreme Court Decision 87Do1926 delivered on October 26, 1987 (Gong1987, 1835)

Defendant

Defendant

Appellant

Defendant

Judgment of the lower court

Changwon District Court Decision 93No1123 delivered on August 10, 1995

Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

According to the evidence admitted by the court below, each of the facts of this case can be fully recognized by the defendant, and as discussed in the judgment below, there is no error of law by misunderstanding the facts against the rules of evidence, and there is no evidence suggesting that the defendant's right to a prompt trial has been infringed even after examining the records.

In addition, the act of employing a qualified medical person by investing necessary funds in the general public who is not qualified as a medical personnel and making a report on the establishment of a medical institution in the name of the former medical person is deemed to be a lawful medical institution only formally, and thus, a violation of Article 66 subparag. 3 and Article 30(2) of the Medical Service Act is established, and the medical person who is the title holder of the report on the establishment of the medical institution directly engaged in the medical act is not different (see Supreme Court Decision 87Do1926, Oct. 26, 1987). The judgment of the court below to the same purport is just and there is no error of law in the misapprehension of legal principles as

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Jeong Jong-ho (Presiding Justice)

심급 사건
-창원지방법원 1995.8.10.선고 93노1123
본문참조조문