Defendant

The court below's judgment shall be dismissed. The court below's judgment shall be dismissed.

Attorney Han Dong-dong

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

The defendant is a person who operates '○○○ convalescent Hospital' in Daegu Dong-gu ( Address omitted).

Although all kinds of hospitals have medical personnel on duty necessary for the treatment, etc. of emergency patients and inpatients, the Defendant operated the above hospital without having medical personnel on duty necessary for the treatment, etc. of approximately 130 inpatientss from around 18:00 on June 24, 2014 to around 09:00 on June 25, 2014.

1. A written confirmation of the Nonindicted Party

1. Search for reports on internal accidents;

1. Each investigation report (to hear and report on the counter call statement as the non-indicted witness);

1. Article applicable to criminal facts;

Articles 90 and 41 of the Medical Service Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

The defendant and his defense counsel asserts to the effect that the medical person on duty should be deemed a medical person on duty even in the case where he goes to a hospital while leaving the hospital outside of the hospital.

However, the literal interpretation of “regularly employed persons” refers to “the number of night duty or night duty at a place where they work”, and the convalescent hospital is a hospital-level medical institution as provided by Article 3(2)3 of the Medical Service Act, namely, a medical institution that mainly provides medical services to inpatients, and must be equipped with the beds for medical care (the beds installed to provide medical services to patients in need of long-term hospitalization). Unlike a clinic-level medical institution mainly for outpatients, the purpose of Article 41 of the Medical Service Act that legally forces medical personnel on duty to provide medical services to promptly respond to the urgent treatment of emergency patients and inpatientss at various hospitals including a convalescent hospital, unlike a hospital-level medical institution for outpatients, it is difficult to view the patient as a medical personnel on duty if they are going to go to the hospital and go to the hospital. Therefore, the argument by the defendant and the defense counsel is without merit.

Judges O Chang-gu