Nevertheless, around July 10, 2016, the Defendant drafted a false statement on the nursing record of D, stating that “The Defendant, a defendant in the north-gu, Busan, worked as an assistant nurse,” while the above medical care center physician, on July 7, 2016, did not have any medical examination and treatment.”

2. Determination

A. Although there are false facts in the documents stating the alleged defendant as the nursing record book (hereinafter "the records of this case"), C Medical Care Center (hereinafter "Medical Care Center of this case") is not a medical institution under the Medical Service Act, but a sanatorium for the aged under the Welfare of the Aged Act, and the defendant does not prepare the records of this case as a medical person at the time. The records of this case are not "medical record, etc." under Article 22 (1) of the Medical Service Act, and it does not mean that the defendant prepared the false records of this case.

B. Article 2(1) of the Medical Service Act provides that “The term “medical person” means a doctor, dentist, herb doctor, midwife, or nurse who has obtained a license from the Minister of Health and Welfare,” and Article 2(2)5 of the same Act provides that “the nurse” is “a

(a) observation on the patient’s request for nursing, collection of data, determination of nursing, and nursing for medical care;

(b)medical assistance provided under the instruction of a doctor, dentist or herb doctor;

(c) Education and consultation for persons in need of nursing, planning and performance of activities to promote health, and other health activities prescribed by Presidential Decree;

(d) Duties of a assistant nurse under Article 80 are to guide, etc. on the assistance in affairs referred to in items (a) through (c) performed by him/her;

Article 22 (1) of the same Act provides that "medical persons shall be treated respectively as medical treatment, assistance in child delivery, nursing records, and other medical treatment."