The defendant's appeal is dismissed.

1. The summary of the grounds for appeal: ① The Defendant indicated the “specialized female examination hospital of the Ministry of Health and Welfare” in the outside glass windows of the Seongbuk-gu Seoul Special Metropolitan City Council members (hereinafter “the instant Council members”) rather than advertising to the effect that the instant Council members were designated as an examination institution by the Ministry of Health and Welfare with respect to women-related medical practices; rather than advertising to the effect that the instant Council members were designated as an examination institution by the Ministry of Health and Welfare; and ② Article 56(3) of the Medical Service Act is unconstitutional because it violates the principle of clarity, and thus, the lower court found the Defendant guilty of the instant charges. In so doing, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine

2. Determination

(a) Determination on the assertion that it is not a false advertisement 1) Article 3-5 of the Medical Service Act and subordinate statutes related to a specialized hospital (1) The Minister of Health and Welfare may designate, from among hospital-level medical institutions, a hospital that provides medical services highly difficult for a specific specialized department or a specific disease as a specialized hospital;

(2) A specialized hospital under paragraph (1) shall meet the following requirements:

1. The composition ratio, etc. of patients by specific disease department shall meet the standards prescribed by Ordinance of the Ministry of Health and Welfare;

(3) Where the Minister of Health and Welfare designates a specialized hospital pursuant to paragraph (1), he/she shall evaluate the matters referred to in the subparagraphs of paragraph (2), difficulty of medical treatment, etc.

(4) The Minister of Health and Welfare may re-designated or revoke the designation of a medical institution designated as a specialized hospital every three years after conducting evaluations under paragraph (3).

Pursuant to Article 40 (Indication of Name of Medical Institution) of the Enforcement Rule of the Medical Service Act, the name of a medical institution shall be indicated as follows: