The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. The Medical Care Assistance Act is an Act enacted for the purpose of contributing to the improvement of national health and the promotion of social welfare by providing medical benefits to those who have difficulties in living (Article 1). The Medical Care Assistance Act provides for medical benefits with regard to disease, injury, childbirth, etc. of a beneficiary, such as examination of diagnosis, provision of medicine and materials for medical treatment, treatment surgery, and other medical treatment (Article 7(1)), and provides that the head of Si/Gun/Gu shall pay expenses incurred in the medical benefits provided by an institution providing medical benefits

(1) Article 33(2)1 of the Medical Service Act provides for the purpose of protecting and improving health of citizens by providing for matters necessary for the public’s medical fees so that all citizens can benefit from high-quality medical treatment (Article 9(1) and 11). The Medical Service Act limits the establishment of only medical institutions, such as a doctor, a dentist, a herb doctor, or a midwife (hereinafter “medical person”) (Article 33(2)1); medical personnel are prohibited from establishing and operating two or more medical institutions (main sentence of Article 33(8); hereinafter “the main sentence of Article 33(8); hereinafter “the prohibition of double establishment”); and restricts the establishment or operation of medical institutions under the name of another medical personnel.

(Article 4(2) and 33(2) of the Medical Service Act provides a penal provision for a person employed not only by a person who established a medical institution (Article 87) but also by a person who is not eligible to establish a medical institution (Article 90) to provide medical services when he/she violates Article 33(2).

However, there is a penal provision for medical personnel who established and operated two or more medical institutions in violation of Article 33(8) (Article 87-2(2)), but there is no penal provision for persons employed by such medical personnel to provide medical services, and in the case of violation of Article 4(2), medical institutions are established and operated in the name of another medical person.