All appeals are dismissed.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the grounds of appeal by the remaining Defendants except Defendant B, P, and S

A. (1) The main text of Article 33(2) of the Medical Service Act provides that “no person, other than a person falling under any of the following subparagraphs, may establish a medical institution.” Under each of the above provisions, the said Defendants are limited to “medical doctors, dentists, oriental medical doctors, the State or local governments, corporations established for the purpose of medical business, non-profit corporations established under the Civil Act or special Acts, quasi-government organizations established under the Act on the Establishment and Operation of Public Institutions, local medical centers established under the Act on the Establishment and Operation of Local Medical Centers, and the Korea Veterans Welfare and Healthcare Corporation established under the Korea Veterans Welfare and Healthcare Corporation Act,” and the purport of the above provision is to strictly limit the qualification for establishing a medical institution to a medical person, corporations with public character, institutions, etc., and prevent any other person from establishing a medical institution, thereby ensuring the appropriateness of medical treatment, thereby protecting and promoting national health.

(2) In light of the aforementioned legal principles, the act of opening a medical institution under the name of a qualified medical person by investing necessary funds by an ordinary person who is not qualified as a medical person (hereinafter referred to as “non-medical person”) is deemed to be a violation of the main sentence of Article 33(2) of the Medical Service Act, and thus, it is reasonable to deem that the act of opening and reporting the establishment of a medical institution under the name of a qualified medical person is the most formally only the act of opening and establishing a legitimate medical institution, and it is reasonable to deem that the act of opening and reporting the establishment was in the name of

A medical person who is or is a reporter of the establishment, shall directly perform medical practice.