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(영문) 부산지방법원 2015.08.20 2015고단4441

의료법위반

Text

Defendants shall be punished by a fine of KRW 300,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is a doctor working in the E Hospital located in Busan, Seo-gu, and the defendant medical corporation B is a corporation operating the above E Hospital.

1. A medical person who has provided medical treatment and recorded in detail the matters and opinions concerning the medical treatment prescribed by Ordinance of the Ministry of Health and Welfare, such as the main symptoms, diagnosis and treatment of a patient;

Nevertheless, at around 16:00 on January 2, 2015, the Defendant prescribed the pethine 50mg one-time medication to the patient F hospitalized in the above hospital, and did not record this in the medical records.

2. The Defendant A, an employee of the Defendant, committed an act in violation of paragraph (1) with respect to the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. Each statement of G and H;

1. Application of Acts and subordinate statutes to the copies of medical records and nursing records;

1. Defendant A of the pertinent legal doctrine on criminal facts: Articles 90 and 22 (1) and (2) of the Medical Service Act; Articles 91, 90 and 22 (1) of the Medical Service Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (Defendant A);

1. It is so decided as per Disposition for the reasons under Article 334(1) of the Criminal Procedure Act above, each of the orders for provisional payment (defendants);