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(영문) 대법원 2012.10.25 2010도6527

의료법위반

Text

The judgment of the court below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.

Reasons

The grounds of appeal are examined.

1. Prior to the amendment by Act No. 9386 of January 30, 2009 of the former Medical Service Act

(a) The same shall apply;

(3) Considering the legislative intent of Article 27(3) of the former Medical Service Act and related legal interests, and the content, history, and purport of the medical advertisement-related provision as stipulated in Article 56 of the former Medical Service Act, the act of medical advertisement does not constitute “invitation” of a patient under Article 27(3) of the former Medical Service Act, unless there are special circumstances, such as where it may be evaluated as corresponding to individual types of acts prohibited under the main sentence of Article 27(3) of the former Medical Service Act, or where it substantially undermines the order of the medical market, it is reasonable to deem that such act of advertisement was performed through a medical personnel’s employee or a third party upon request of the medical personnel, it does not constitute “invitation or solicitation” of the patient or its “invitation” or “influench” of the 30-10-1763 summary of the facts charged of the instant case from September 13, 2012 to the 30-5-100-18-200-100-10-1.