의료법위반
The Defendant, not guilty, dismissed the motion for adjudication on the constitutionality of the instant case.
1. The summary of the facts charged of this case is as follows: (a) the Defendant, as a doctor operating the “Glurian” in Seodaemun-gu Seoul Metropolitan Government F, was prohibited from introducing, arranging, or inducing a patient to a medical institution or a medical person for profit, such as exempting or discounting the patient’s apportionment under the National Health Insurance Act or the Medical Care Assistance Act, providing money, goods, etc., or providing transportation to many and unspecified persons, and introducing, arranging, or inducing a patient to do so; and (b) on the Internet homepage of the Plurian on early 2012, the Defendant advertised that “Glur Food Center has induced a patient to a medical institution by providing accommodation services, etc. on the day of the surgery for the purpose of profit-making.”
2. As to the defendant's change of address, the defendant and his defense counsel merely delegated the management of the above hospital's website to I who run the "H" corporation," and did not know that the above advertisement was published. Even if the above facts were recognized, the above advertisement did not constitute an act of soliciting patients prohibited under Article 27 (3) of the Medical Service Act.
3. Determination
A. According to the witness I's testimony and the defendant's statement made at an investigative agency as to whether the defendant was unaware of the act of advertising on the website, I received a certain amount of money every month from the defendant, and made the contents of public relations or opened the business upon delegation of the management of the Gu imposed member's website operated by the defendant, and collected and published the contents of events of other hospitals in competition in the process of handling these affairs. In such a way, G hospital's website is operated.