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(영문) 의정부지방법원 2015.01.08 2014고정171

의료법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Defendant

A is the doctor of the D Council in South Yang-si City, and E is the radiation engineer working in the above D Council.

No person other than a medical person shall perform medical practice, and no medical person shall perform any medical practice other than that licensed.

At around 9:00 on October 15, 2012, the Defendant, in collusion with E, carried out a ledger with F on the radiation room of the above D, and the Defendant instructed E, a radiation worker, to perform a ledger, and E, to put in the F in accordance with its instructions, inserted the crypology into the F’s ledger, and to put in the air through cryp, and to put in the steering system.

Summary of Evidence

1. Each legal statement of F and E;

1. Statement of each police statement concerning F;

1. Application of Acts and subordinate statutes to the head of a complaint, additional high-ranking complaint, E-written confirmation, and investigation report by the Ministry of Health and Welfare;

1. Article 87 (1) 2 and Article 27 (1) of the Medical Service Act, Article 30 of the Criminal Act concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel asserts that the argument of the defendant and his defense counsel regarding the provisional payment order under Article 334 (1) of the Criminal Procedure Act is that since the defendant and his defense counsel conducted the provisional payment order under the direction of the defendant pursuant to the provisions of the Medical Technicians Act, this does not constitute an unlicensed medical act.

In principle, medical care shall be performed only by a medical person. However, under the Act on Medical Technicians, etc., medical care shall be permitted for a person who has a license for a clinical path, radiation technician, physical therapy, occupational technician, dental technician, dental technician, dental technician, or dental technician to engage in medical care or medical examination under the direction of a medical doctor, dentist. However, allowing medical technicians, etc. to have a medical technician system and to allow them to engage in part of medical care within the limited scope of medical care, from among medical care limited to only a medical person, the relevant act is limited.