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. Article 33(2) of the Medical Service Act prohibits a person, other than those falling under any subparagraph of the same paragraph, such as a medical person, medical corporation, or non-profit corporation, from establishing a medical institution;

The prohibited act of establishing a medical institution refers to the act of non-medical personnel's disposal of the recruitment and management of facilities and human resources of the medical institution, the establishment report, the implementation of medical business, the raising of necessary funds, the reversion of the operational performance, etc.

(1) The act of opening and reporting a medical institution under the name of a qualified medical person by investing necessary funds from the general public without qualification as a medical person constitutes the act of opening and reporting the medical institution under the name of a lawful medical institution only formally but also constitutes a case where a person, other than a medical person, opens and reports the establishment of a medical institution under the name of a medical person.

or a medical person who is a title holder of the establishment report directly provides medical services.

(2) No such agreement shall be deemed otherwise.

(2) In cases where a medical institution is established and reported in the name of a non-profit corporation that is entitled to establish a medical institution under the Medical Service Act (see, e.g., Supreme Court Decisions 95Do2154, Dec. 12, 1995; 2009Do2629, Oct. 27, 201). Such a legal doctrine likewise applies to cases where the establishment of an affiliated medical institution is reported in the name of a non-profit corporation that is entitled to establish a medical institution under the Medical Service Act (see, e.g., Supreme Court Decision 2005Do1005, Oct. 26, 2006). In addition, criminal facts are proven to the extent that there is no reasonable doubt (see, e.g., Article 307(2) of the Criminal Procedure Act);

(1) In full view of the circumstances stated in the lower judgment, the lower court held that the Defendants’ facilities and human resources of each of the instant medical institutions are as follows.