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(영문) 대전지방법원 천안지원 2013.05.09 2012고정963

의료법위반

Text

The defendant shall disclose the summary of the judgment of innocence against the defendant.

Reasons

1. The summary of the facts charged is that the Defendant is a doctor operating the “FPSAB” located on the seventh anniversary of E department stores located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu. While no person is allowed to introduce, arrange, or induce patients to a medical institution or medical personnel for profit by exempting or discounting the principal charges, providing money, goods, etc., or providing transportation to many and unspecified persons, etc., he/she shall not do any act of inducing patients to a medical institution or a medical personnel, or suggesting such act. However, around January 2, 2012, the above member’s meeting against the above 6,00 customers of the above department store “special benefits for the construction of the E excellent customers, flbbbbs, flbsp, 50-20% human rights to impose the Flbsp, and the period of use.

1. On 26th day of 31, E in place of use: (a) 26th day of E 7th floor Francing ( KRW 300,00,000), coconcing ( KRW 1,590,000), for injection (one time), for injection ( KRW 200,000,000), for private use (one time), for private use ( KRW 500,000,000), and for IPD (4,000,000). The act of issuing a discount phone that contains special benefits, and inducing patients to a medical institution or a medical person for profit.

2. Determination of facts charged

A. Article 27(3) of the Medical Service Act provides that "no person shall introduce, mediate, or induce a patient to a medical person for profit." The term "inducing" refers to the act of inducing a patient to enter into a contract for medical treatment delegation with a specific medical person by means of deception or suspicion, and the purpose of the above provision is to prohibit the act of inducing the patient from entering into a contract for medical treatment entrustment with a specific medical person.

On the other hand, a medical person's act of attracting a patient to himself/herself cannot be deemed as a "inducing" under the above provision, unless there are special circumstances such as the provision of money or goods to a patient or an actor in the process or fundamental harm to the order of the medical market.

B. The judgment of this case returned to the case, and the defendant stated in the facts charged.