의료법위반
Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.
1. The summary of the facts charged is that Defendant A is a certified damage adjuster, who is the head of the G Center in the F of the Seoul Jung-gu, Seoul, and the Defendant Corporation B (hereinafter “Defendant Corporation”) is a corporation established for the purpose of maintaining the sound business order and protecting the rights and interests of its members.
No person shall introduce, arrange, or induce patients to medical institutions or medical persons for profit, and instigate such act.
Defendant
A On December 10, 2011, the Defendant requested the G Center to conduct a physical examination of the patient I by a certified damage adjuster H, and assisted the patient for profit by obtaining a total of 216 times from December 10 to August 16, 2013, such as arranging the physical examination of I to the J physician working for the Seoul White Hospital, and receiving a total of 250,000 won as a fee, and arranging the patient for profit.
B. The Defendant Company B, an incorporated association, committed the above violation with regard to the Defendant Company’s business as prescribed in the preceding paragraph.
2. Determination:
A. Article 27(3) of the Medical Service Act provides that "no person shall introduce, arrange, or induce a patient to a medical institution or a medical person for profit, such as exempting or discounting the patient's apportionment under the National Health Insurance Act or the Medical Care Assistance Act, offering money or other valuables, etc., or providing transportation to many and unspecified persons, or instigate such act." The term "refer-in mediation" under the above provision refers to the act of mediating or promoting the formation of a medical entrustment agreement between a patient and a specific medical institution or a medical person (see, e.g., Supreme Court Decision 2002Do3797, Oct. 11, 2002). The legislative intent of the above provision is to prevent the occurrence of corruption such as receiving money or valuables, etc. around the medical institution.