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(영문) 광주지방법원 목포지원 2017.04.27 2017고정46

의료법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the head of the hospital of the hospital located in the former non-military forces C, and the defendant B is the public health doctor who served in the E public health center.

Defendant

A, when there is a lack of intention to work at night and weekends at the above hospital, A employed the private person Defendant B and F in the public health care and had the patients diagnose at night and weekends, and Defendant B conspired to diagnose patients at night and weekends and to issue a prescription in the name of Defendant A.

1. He shall not prepare a medical certificate, death certificate, certificate, or prescription and deliver or dispatch it to a patient, etc., if he/she engages in the business of medical treatment of the defendant A and directly examines the patient;

Nevertheless, on January 2, 2012, from around 18:00 to 09:00 the following day, the Defendant: (a) had a public health doctor who was unable to know the name temporarily employed as an emergency doctor at the above D hospital as an emergency medical doctor; (b) had the patient G, etc. and issued a prescription in the name of the Defendant.

On January 19, 2014, the Defendant, in collusion with B, F, and an unidentified person, issued 10,189 prescriptions in the name of the Defendant, which issued to the patient a total of 10,189 prescriptions to the patient, even though the patient was not directly observed or examined in the same manner as indicated in the list of crimes in the attached Table.

2. Around August 4, 2013, Defendant B diagnosed and treated patients H and issued a prescription in the name of Defendant B.

The Defendant conspiredd with A, from that time until December 31, 2013, the Defendant directly observed the patient in the same manner as indicated in the list of crimes (limited to non-high part B) from that time, or issued a prescription under the name of A, other than the name of the doctor who conducted an examination, and issued a total of 697 medical prescription to the patient.

Summary of Evidence

1. Defendants’ written statements

1. Each police statement made to I and J;

1. Responses to requests related to the Medical Service Act violations, reports on internal investigation (the date of crime) (the results of re-Analysis of the B currency details of internal investigation).

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