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(영문) 서울서부지방법원 2014.07.24 2013고정2471

의료법위반

Text

Defendant

A A shall be punished by a fine of 10 million won, and Defendant B shall be punished by a fine of 2 million won.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the director of the G Care Hospital located in Eunpyeong-gu Seoul Metropolitan Government, Defendant B is the nurse of the above hospital, and H is a person who has worked as an assistant nurse of the above hospital.

1. Defendant B

(a) No person other than a medical person shall perform medical practice, and no medical person shall perform any medical practice other than that licensed;

At around 13:30 on April 7, 2012, the Defendant conspired with H, and around 303:30 on April 7, 2012, H, an assistant nurse, asked Defendant B, the nurse, whether or not to replace the patient I (the age of 71) entered in the lurget board, and Defendant B, the nurse, required H to perform the lurgical substitution without the presence of the supervisor in charge.

(b) Each medical person shall keep records of medical treatment, nursing records, and other records concerning medical treatment, and shall record in detail the matters and opinions concerning the medical act and sign thereon;

The defendant above A.

Although the patient I did not make a record of treatment and nursing at the same time and at the same time as the statement in the paragraph, the patient I did not put the brupt.

2. Defendant A was the head of the hospital responsible for the overall operation and management of the above hospital, and Defendant A committed an act in violation of Article 1(1) of the above Act with regard to his duties at the above time and time by the nurse B and assistant nurse H.

Summary of Evidence

1. The witness H’s legal statement (the witness H’s legal statement is acknowledged in light of the overall process, content, consistency, and the fact that the above statement is disadvantageous to himself/herself. The Defendants’ defense counsel asserted that even before the instant legal statement of H, Defendant B submitted evidence that the male patient of JC had been inserted into her cryp with the direction of Defendant B, and that it did not constitute H’s statement. However, the Defendant’s defense counsel asserted that the evidence submitted by his/her defense counsel was not proven. However, the nursing record book of K is revised after the fact, unlike the hospitalization sheet prepared by his/her doctor.