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(영문) 광주지방법원 순천지원 2015.04.23 2014고정826

의료법위반

Text

The Defendants publish the summary of the judgment against the Defendants not guilty.

Reasons

1. The summary of the facts charged is that Defendant A, as the representative director of the medical institution “Evalescent” in 1,00, operates a convalescent hospital. Defendant B is a non-profit medical corporation that established and operated a medical institution and contributed to the improvement of national health through research and development on health and medical services.

Defendant

A All kinds of hospitals shall have medical persons on duty necessary for the diagnosis and treatment of emergency patients and inpatients, and the number of medical persons on duty shall be one doctor, dentist or oriental medical doctor for up to 200 inpatients, and two nurses for up to 200 inpatients, and one doctor, dentist or oriental medical doctor for every 200 patients exceeding 20 inpatients, and two nurses for nurses shall have two additional persons on duty.

The E-Cvalescent Hospital shall have two nurses on duty, who have been permitted to establish a medical institution with 362 inpatientss (based on the date of October 07, 2014), and have two medical persons on duty as medical persons on duty.

Nevertheless, on 07. 07. 07. 07. 06. 22:43, the Defendant operated the hospital in a condition that only one doctor on duty has been placed in the Evalescent Hospital D, and one doctor on duty has been placed.

B. At the above temporary location of the Defendant medical corporation, A, an employee of the Defendant, violated the above act regarding the Defendant’s business.

2. The principle of clarity derived from the principle of no punishment without law means that anyone can anticipate what the act intended to punish law and what punishment is, and that clearly provides the elements of a crime so that anyone can decide his or her act accordingly.

In addition, the question of which legal norm is clear shall be whether the legal norm gives predictability by giving fair notice to the persons who can know the meaning of the law, and the legal norm is interpreted and enforced by the law.