A. The primary Defendant is the head of the E Hospital in Suwon-si, Suwon-si.

No medical corporation, medical institution, or medical person shall advertise with the content that may mislead consumers by guaranteeing the effect of medical treatment, etc.

Nevertheless, around September 2014, the Defendant posted an Internet newspaper article on the Internet homepage column of the above hospital’s Internet homepage that “the opening of the hospital specializing in spine division E and the opening of the hospital prior to its expansion,” and then made an advertisement harshly to consumers as if the above hospital was “specialized hospital” under Article 3-5 of the Medical Service Act that the head of the health and welfare department designates with respect to the hospital that satisfies strict requirements.

B. The Defendant is the head of the E Hospital in Suwon-gu, Suwon-si.

No medical institution shall use any name other than the name according to the type of medical institution under Article 3 (2) of the Medical Service Act.

Nevertheless, the Defendant, around September 2014, posted an Internet newspaper article on the Internet homepage page of the above E Hospital under the title “Ilwon E Hospital Specialized in vertebrate, and the established transfer center,” and used the name as “Special Hospital” designated by the Minister of Health and Welfare, by meeting strict requirements under Article 3-5(1) of the Medical Service Act, which is a specific specialized department, such as government or spine, or a hospital with high level of difficulty for a specific disease, etc., or a hospital with high level of difficulty for a specific disease, etc.

2. Determination

A. The following facts are acknowledged according to the evidence duly adopted and examined by this court.

1) The Defendant is the head of the E hospital (hereinafter “the instant hospital”). The instant hospital constitutes “a hospital” under Article 3(2)3 (a) of the Medical Service Act with at least 30 sickbeds, but the head of the health and welfare division has a high level of difficulty in a specific specialized department or a specific disease among hospital-level medical institutions.