의료법위반
All appeals are dismissed.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. As to Defendant B’s ground of appeal
A. Article 4(2) of the Medical Service Act provides that “A medical person shall not establish or operate a medical institution under the name of another medical person.” The main text of Article 33(8) of the Medical Service Act provides that “A medical person shall not establish or operate two or more medical institutions under any pretext.”
(A) The term “the principle of establishment and operation of one person” under the main text of Article 33(8) of the Medical Service Act refers to an act contrary to the principle of establishment and operation of one person. In light of the provisions of the Medical Service Act, a duplicate establishment of a medical institution refers to a case where a medical person who established a medical institution under his/her name, directly provides medical services at a medical institution established in the name of another medical person, etc., or allows an unqualified person under his/her own supervision to provide medical services,” and the overlapping operation of a separate medical institution refers to a case where a medical person performs or handles relevant duties while holding the authority to decide on his/her intention with respect to the management of two or more medical institutions, such as respect to the establishment and transfer of medical practice, whether medical practice is performed, financing, recruitment and management of human resources, facilities and equipment
When the duplicate operation of medical institutions is conducted, it is against the principle of establishment and operation per person even if it does not fall under duplicate establishment.
Furthermore, in determining whether a case constitutes duplicate operation of a medical institution contrary to the principle of establishment and operation for one person in a specific case, whether the aforementioned operator is an operator, i.e., the process of establishing more than one medical institution, the relationship with other medical personnel, the method of financing, the structure of decision-making on management, and the working person.