Business Entities)

(b) Violation of Framework Act on Qualifications;

2011 early 1637 Request for adjudication on the constitutionality of a law

2. (a) Kim Jong-tae (4506*** 1******) and vice-chairpersons.

3. (a) A. ○○○ (5108*** 101*****) and the Secretary.

Red bars and salt stuffs

In the event that the Defendants did not pay the above fines, the Defendants shall be confined in the Labor House for a period of 50,000 won converted into one day.

However, the execution of each of the above imprisonment with labor shall be suspended for 3 years from the date of the final judgment of this case, and for 3 years from the date of the final judgment of this case, Kim Jong-young, and for 2 years.

To order the Defendants to pay an amount equivalent to the above fines.

The defendants' request for adjudication on the constitutionality of the law of this case is dismissed.

1. The defendants' joint criminal conduct [the violation of the Act on Special Measures for the Control of Public Health Crimes (Unlawful Medical Service Providers)] is the representative of the "○○○○○○○○○○○○○○○○○○ Institute (hereinafter "○○○ Institute") established in Dongdaemun-gu Seoul on July 1, 200 and the "○○○○○○○○○○○○ Institute (hereinafter "the same") established in Dongdaemun-gu, Seoul on December 13, 2005, and the "○○○○ Volunteer Group established for the purpose of providing counseling and educational services related to the elderly welfare issues," and the "○○○ Volunteer Group established for the above "○○○○ Institute" and the "○○○○○○○○○ Research Institute" is the head of the above ○○○○○ Research Institute.

Defendants are prohibited from providing medical services, and medical personnel are not able to do so, and even though they are not able to do so, they cannot do so, without the license of a herb doctor. However, from July 1, 200 to December 31, 2010, the Defendants put up signboards called '○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○’s basic course, three months, three months, and six months, and ○○○○○○○○○○○○○○○○ curriculum on the basis of their total length 58 times.

In addition, among the above students, 14.3 billion won was provided as a total of 5.5 billion won in basic course for each student, 5.5 billion won in basic course, 6.5 million won in this course, and 1.2 million won in tuition fees for each student for each student who is over 65 years of age and is designed by Defendant Kim○○ as a part of the medical service order for the elderly patient who is over 65 years of age, in accordance with the ○○ ○○ ○○○-gu, which was designed by Defendant Kim○○.

As a result, the Defendants conspired with instructors ○○, etc. to engage in non-licensed oriental medical practice for profit-making purposes.

2. A legal entity, organization, or individual, other than the State, is prohibited from managing and operating a private qualification in the field of life, health, safety, and national defense of citizens.

Defendant ○○○, on April 2008, against those who completed the curriculum as described in paragraph 1.

19. From around July 11, 2010 to around 11, 2010, from 00, 0000 ○○ Women's High School, which is located in Dongdaemun-gu Seoul Metropolitan Government, issued 1 and 694 private qualifications a civil license to the 1st and 694 persons who have placed the highest practical skill and interview in the P.M. in the P. and obtained 40 points higher than the average of 60 points per subject.

Accordingly, the defendant newly established a private qualification for the life, health, and safety of the people, and managed and operated it.

Summary of Evidence

Omission (be omitted because the real name is too large)

Application of Statutes

1. Relevant Articles of the Criminal Act and the selection of punishment;

A. Defendants: Article 5 of the Act on Special Measures for the Control of Public Health Crimes, Article 27(1) of the Medical Service Act, and Article 30 of the Criminal Act, inclusive.

(b) Defendant Kim-○: Article 39 subparag. 1 and Article 17(1) of the Framework Act on Qualifications.

1. From among concurrent crimes (as to Defendant Kim ○-○);

Article 37 (Aggravation of Concurrent Punishment for Crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 (Aggravation of Punishment)

1. Discretionary mitigation (as to Defendant Kim Jong-young and Cho Jong-young);

Articles 53 and 55(1)3 of the Criminal Act

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Suspension of execution;

Article 62 (1) of the Criminal Code

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

▷ 보건범죄단속에관한특별조치법위반 ( 부정의료업자 ) 의 점에 대한 유죄의 이유 .

1. Claims on both sides;

A. The prosecutor's office asserts that the defendants' prosecution's prosecution's prosecution's prosecution's prosecution's prosecution's prosecution's prosecution's prosecution's prosecution's prosecution's prosecution's prosecution's prosecution's prosecution's prosecution's prosecution's prosecution's prosecution's prosecution's prosecution's act without medical license was conducted in violation of Article 27 (1) of the Medical Service Act. Furthermore, since the defendants' non-licensed medical practice as above is "for profit-making purpose", the defendants should be punished in accordance with Article 5 of the Act on Special Measures for the Control of Public Health Crimes

B. As to the Defendants’ alteration of the contents of the aforementioned criminal facts, the Defendants asserted that the above act was lacking in conformity with the constituent elements of the crime, or that the Defendants’ illegality should be avoided as a justifiable act that does not violate the social norms. In other words, the Defendants merely provided education, such as lectures on bedclothes, and did not provide medical services for profit-making purposes. As such, the Defendants, as well as the Defendants, did not receive any consideration from the participants who provided a bedclothes without receiving any consideration from the Defendants for their volunteer activities, and thus, the Defendants did not provide medical services for profit-making purposes.

In addition, Defendant Kim ○ was a qualified person who has been engaged in the best treatment not only for a long time but also for a long time. Defendant Kim ○○'s best (moxixixixius) act constitutes an act which can be acceptable in light of the overall legal order as a whole or the social ethics or social norms, and thus, Defendant Kim ○'s act constitutes an act which falls under the elements of a crime, or is a justifiable act which does not violate social rules, and thus, illegality is excluded in accordance with Article 20 of the Criminal Act.

2. Whether it falls under medical practice;

A. Article 27(1) of the Medical Service Act that applies as above to the purport of medical practice prohibits “no person, other than a medical person, shall perform any medical practice, and no medical person, other than those licensed, from performing any medical practice.” We first examine what the medical practice is and what act can be included in the medical practice.

Medical practice means an act of preventing or treating a disease, which requires high level of professional knowledge and experience, and at the same time, is closely related to human life, body, or general public health, the Medical Service Act provides strict requirements for qualifications to be a medical personnel, and prevents a person, other than a medical personnel, from performing medical practice, thereby preventing risks to human life, body, or general public health. However, inasmuch as there is no legal provision stipulating the definition of medical practice, it can only be determined according to specific cases, and ultimately, it can be changed in light of the purpose of the Medical Service Act, i.e., the act of preventing a disease to the general public, who is not a medical personnel with expertise in medical science, and thus, it should not be determined based on the definition of medical practice, i.e., the act of preventing or preventing any harm to human life, body, or general public health and hygiene (see Supreme Court Decision 201Da577, May 27, 2009).

B. (1) However, in this case, the Defendants’ act received tuition fees from many unspecified students, conducted practical training using the bend and the top, and furthermore, among the above students, conducted dump training by making the students in the specialized course 65 years old or older with the top and bend to the patients with the upper age of 65 years old or older, and conducted dump clinical training by making them go through the dump clinical practice course.

The term "medical education" itself cannot be viewed as "act essential for prevention or treatment of a disease" or "act necessary for such prevention or treatment", and it is an act to prepare "act to prevent or treat a disease and an essential act for such prevention or treatment", and ultimately, it cannot be viewed as "act that is likely to cause harm to public health and sanitation unless there is a medical person with medical function or knowledge."

In other words, the defendants' act of providing bedclothes education is clearly distinguishable from 'the act of conducting bedclothes education' as a medical act which is a preventive and treatment act for the students. Also, the defendants' act of providing medical education cannot be viewed as the premise of 'the medical act that the students do not know that they do so after 'the act of providing medical treatment'. In addition, if the students who do so do not do so after 'the act of conducting bedclothes education' are punished by 'the act of conducting bedclothes education', 'the act of conducting bedclothes education' itself is not prohibited. (2) However, the defendants do not merely provide 'the act of conducting bedclothes education for the life-long treatment of the defendants, 'the act of doing so' or 'the act of doing so', 'the act of doing so', which is one of the most important subjects of 5 -8 times, and 'the act of treating the students, who do not do so', 'the act of cutting the body of the instructors directly through their instruction or supervision.

Therefore, as long as the students in the instant case conducted the ethy procedure for students or actual patients, and such procedure was conducted within the curriculum under the direction and supervision of the Defendants, the Defendants cannot be deemed to have performed the ethy procedure and treatment of the students without a license as stated above.

3. Determination of profit-making nature

Furthermore, according to the evidence of the above evidence, it is necessary to examine whether the defendants' instruction for lectures and practical training on the ○○○○○○○○○○○○○○○○○, which was designed by the defendant Kim○○○○○○○○○○○○○○○○○, and the lecture fees therefor can be deemed to have been performed for profit-making purposes. ① The defendants’ operation of the instant ○○○○○○○○○○○○○○○○○○○○○ was an educational institution providing education on knowledge, skills, and skills on the course of bed and the ② The ○○○○○○○○○○○○○○○○○, which was designed by the defendant Kim○○○○○○○○○○,

As a result, the curriculum of the instant ○○○○○○○○ Institute is divided into elementary, middle, and high-class courses. At the first level, the subjects of the instant ○○○○○○○○○○○○○○○○○ Institute, including the epochological therapy, autopsy, and the epochological subjects, and the normal and epochological therapy during the middle class, and the subjects and clinical subjects necessary for the epochological therapy during the high class, and the subjects and clinical subjects are completed, 50,00 won for the first class, 60,000 won for the middle class, 6 months for the high class, and 7 months for the epochological curriculum, and 1.0,000 won for the epochological curriculum, and 4 days for the epochological curriculum are included in the epochological curriculum. ④ The Defendants’ epochary or epochological curriculum was directly included in the epochological curriculum.

According to the above facts, even though the defendants did not directly perform the ○○○○ Ban and other downwaters against the students, and the students did not receive the medical expenses from the students of 65 years old or older, if the students were to undergo the procedure under the direction and control of the defendants according to the contents of the defendants' lectures, it cannot be deemed that the defendants directly performed the procedure. As a result, the defendants paid the lecture fees for the lectures of the defendants to the ○○ ○○ ○○ ○○ ○○ ○ ○ ○○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ 29

4. Determination on Defendant Kim○-○’s act (including determination on the grounds for excluding illegality)

The defense counsel argues that since the defendant Kim ○ is qualified to be invaded, the act of this case in question does not correspond to the elements of a crime, and even though there is no previous qualification, it was judged legally possible for the treatment act in the former (the best) so that the act of this case is not subject to the elements of a crime. At the same time, the above act is a justifiable act that does not violate the social rules, and therefore, it is argued that the illegality is excluded pursuant to Article 20 of the Criminal Act.

Defendant ○○ Kim-○ has a qualification for bed and the recent Seoul High Court and the Constitutional Court recently held that Plaintiff (Defendant KimO) who had been allowed to perform the former (the best) operation. Accordingly, on a different premise, the instant disposition (the suspension of qualification for bed on the grounds of violating the Medical Service Act) of this case is unlawful. (Seoul High Court Decision 2009Du15519 Decided February 3, 2012) or “the act of the Defendant Kim○-○ who performed a beding operation for a long time as a bed death, constitutes an act permissible in light of the overall legal order or the social ethics or social norms surrounding it.

It is true that there is a legal judgment that the former (the best) practice is possible on the grounds that the Constitutional Court Decision 2008Hun-Ma627 decided November 24, 201 (the Constitutional Court Order 2008Hun-Ma627) or on the grounds of it.

However, this case is a matter of whether it is a profit-making medical practice as a practical practice or a clinical practice conducted under the direction and supervision of the defendants while receiving tuition fees from the "○○○○○○○○○○○○○○○○○○○○○○○," which was led and operated by the defendant Kim○○, and it is a matter of question as to whether the defendant Kim○○ is a medical practice with no license of the defendant Kim○○○○, and even though the defendant Kim○ received a legal judgment that the conduct of the course is legitimate and that the conduct of the former (the first) is not in violation of the law, even though the defendant Kim○ was judged to have been legally able to conduct the course of the course and that the conduct of the course was not in violation of the law, so long as the defendant Kim○○’s non-licensed medical practice was directed and led by the defendant Kim○○○, the defendant Kim U.S., and Cho○○’s non-licensed medical practice, and therefore, it cannot be accepted.

5. The reasoning for conclusion and sentencing is that all of the Defendants’ act in this case is found guilty. Furthermore, there is a policy need to prevent harm to health and hygiene caused by the sentencing, the number of students and members of the above ○○○○○ Institute’s course of education is large, and the Defendants received as compensation for the instant crime is not much much, and Defendant Kim○ was subject to a disposition of suspension of indictment for ten times from 2002 to 209 under the Medical Service Act) In addition, Defendant Kim○ established a private qualification that cannot be newly established outside the country and granted the certificate of qualification after having the establishment of a new examination. Defendant Kim Jong-tae was sentenced to suspension of sentence for a violation of the special law like this case, and there is no other way to impose punishment on Defendant 1, 200 won for those who did not receive from the above Defendant 1, 500 won old or senior patients and 600 won old or senior patients who did not receive from the above Defendant 1, 500 won old or senior patients.

▷ 피고인들의 위헌법률심판제청신청에 대한 판단

The Defendants’ criminal punishment of violation of Article 27(1) of the Medical Service Act and Article 5 of the General Medical Service Act is that medical consumers’ right to life, health right and right to self-determination infringe on the right to choose medical practice as well as the freedom of choice of occupation and freedom of general action of non-medical persons, and are unconstitutional in violation of the excessive prohibition principle.

pointing out that there are reasonable grounds.

In light of the above provisions and legislative intent of the Medical Service Act, the purpose of punishing unlicensed medical practice is to prevent risks to people's life, body, or general public health that may arise by medical practice of non-medical personnel, as medical practice requires highly professional knowledge and experience, and at the same time, there is a close and serious relationship to human life, body, or general public health, so the Medical Service Act allows only doctors who undergo strict qualification examinations, instead of providing strict requirements for qualifications, to exclusively perform medical practice conducted by non-medical personnel. At the same time, by punishing medical practice conducted by non-medical personnel.

Therefore, the main provision of Article 27(1) of the Medical Service Act, which punishs medical practice by non-medical personnel, shall not be deemed as unnecessary, and there is no reasonable ground for punishment (the discrimination between medical personnel and non-medical personnel is reasonable discrimination). Therefore, it cannot be deemed that the act violates fundamental rights under the Constitution or violates the constitutional principle.

Therefore, we cannot accept the defendants' assertion that the above legal provision is in violation of the Constitution for various reasons, and therefore dismiss the defendants' request for an adjudication on the constitutionality of this case.

To achieve this purpose, the interpretation of penal provisions is strict in light of such purport.

It should be interpreted that the meaning of a penal provision is excessively expanded or analogically interpreted in the direction unfavorable to the defendant.

Supreme Court Decision 201Do7725 Decided August 25, 2011 (Supreme Court Decision 2011Do725 Decided August 25, 201)

In addition, the Supreme Court en banc Decision 92Do1428 delivered on October 13, 1992, and Supreme Court Decision 2003Do6535 delivered on February 27, 2004, etc.

2) Even if medical practice is rendered only by medical personnel for various reasons under the Medical Service Act, the act of medical education is significant.

It can not be said that only the medical personnel are able to read, and it is new to prevent the medical education of a person without a medical license.

The presentation and review of the method of rent, the development of alternative medicine through integrated medicine, and the development of new shotology in medical science.

It is possible to prevent a new academic attempt for the development of medical science, such as presentation, etc., and such new treatment methods, etc. are so presented.

‘A medical person with professional knowledge in medical science' is examined whether it will be adopted and implemented by ‘a medical person with professional knowledge in medical science' (a decision).

In order to punish the state-free medical education activities, there shall be a separate penal provision.

3) In light of the method of the ○○ Mayang Tramar surgery, or the method of using the OO researcher of the instant OO, certain tabs, etc.

If a person who does not have a herb doctor's license executes it, it is likely to cause harm to health and hygiene, and therefore, medical practice.

It will be deemed to fall under the category.

4) The decision of the Constitutional Court mentioned in the above main sentence by filing a constitutional complaint by Defendant Kim ○○ on the disposition of suspending indictment as above.

(208Hun-Ma627) It became a part of others.