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(영문) 춘천지방법원 강릉지원 2012.08.16 2012고정214

의료법위반

Text

A defendant shall be punished by a fine of 500,000 won.

The provisional payment of the amount equivalent to the above fine shall be ordered.

Reasons

Punishment of the crime

The defendant is a non-profit medical corporation with the purpose of contributing to the improvement of national health through the establishment and operation of medical institutions and research and development on health care, and the B is a person who serves as a psychiatrist of the defendant.

No one shall introduce, arrange or induce a patient to a medical institution or a medical person for profit, such as exempting or discounting the individual contributions under the National Health Insurance Act or the Medical Care Assistance Act, providing money or other valuables, etc., or providing transportation to many and unspecified persons, or instigate such act.

Nevertheless, around 08:30 on January 16, 2012, B paid 35,000 won in cash to D who is the driver of call event at the community center located in Gangseo-si, Gangnam-si, and 16 persons, such as E, who are subject to health examinations in 2012, were notified to the Defendant’s health center by using the F white car cencenching vehicle.

Accordingly, the defendant Eul, an employee of the defendant, provided transportation for profit-making purposes in relation to the defendant's business and induced the patient to a medical institution.

Summary of Evidence

1. Each legal statement of witness D and B;

1. Each legal statement of witness G and H in part;

1. As to the assertion of the defense counsel regarding the interrogation protocol of a certain prosecutor's suspect regarding B, the defense counsel argues that the defendant's negligence cannot be recognized on the ground that the defendant's defense counsel merely provided transportation convenience to B re-employed I hospital in order to contribute to the I hospital operated by the defendant, and that B provided the head of the I Hospital G with only one nurse who stated that B would have provided the health examination publicity to G in Gangseo-si C in Gangwon-si, and that B could not have known that there was no knowledge that he provided transportation to residents.

Article 91 (Joint Penal Provisions) of the Medical Service Act provides that a representative of a corporation, or an agent, employee or other servant of a corporation or an individual shall be the same as that of the corporation or the individual.