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(영문) 서울중앙지방법원 2016.09.21 2015고정4612

의료법위반

Text

The defendant shall be innocent.

Reasons

The Defendant is the president of Seocho-gu Seoul Metropolitan Government EF Hospital.

No medical person shall prepare a false medical treatment record, etc., or intentionally enter or revise any additional record differently from the fact.

On April 24, 2013, the Defendant, at the foregoing hospital, carried out “a semi-monthly felball felling (in the inside or outside side)” to the patient G, together with “a local stem cell therapy” by inserting the stem cells separated from the original instance in the area extracted from her mar to kne.

In the above case of performing medical treatment as above, the medical treatment records, such as the place of surgery, regardless of whether or not to claim expenses, etc. However, although around May 7, 2013, the above hospital requested the issuance of a place of surgery records, etc., the content of “local stem cell treatment” (sat fat and bone knee) on the ground that the patient G was not paid the local stem cell treatment expenses, and on the ground that he did not receive the local stem cell treatment expenses, it appears that “op.name” is written in the operation record book, such as “op.name”, written in the attached list of crimes, such as preparing and issuing a place of surgery records stating the operation name “on May 21, 2012,” and “on February 18, 2013” appears to be written in the operation record.

From then to August 8, 2013, the content of “local stem cell therapy” was written in the records of the patient’s operation where he/she performed cirical surgery and local stem cell therapy at his/her own hospital seven times, without entering “local stem cell therapy”, and entered only “cirical surgery” into the records of treatment.

Judgment

Articles 19 and 21 of the Medical Service Act distinguish between the original and copy of a medical record, and Article 22(2) of the Medical Service Act provides for the duty to preserve a medical record book, etc., and the penal laws and regulations shall be strictly interpreted and applied in accordance with the language and text, and shall not be extensively interpreted or analogically interpreted to the disadvantage of the defendant. In light of the legal principles, Article 22 of the Medical Service Act shall be applied.