The defendant shall be innocent.

1. The Defendant is the doctor of Songpa-gu Seoul Metropolitan Government D shop 201 E dental services.

No person shall exempt or discount personal expenses under the National Health Insurance Act, etc., or introduce, arrange, or induce patients to medical institutions for profit.

Nevertheless, at around 13:10 on September 30, 2015, the Defendant employed daily public relations personnel at the crosswalks in front of the D apartment site at the above address, and divided the 2,000 won of the brush 3,000 won of the brush and the promotional leaflets for dental services, and 20% of the medical treatment benefits for medical insurance, 50,000 won of the 20% discount, and 3,000 won of the flusium, and in fact, had the patients within the above dental plant attend the flusium at around October 2015, the Defendant induced the patient to the above dental plant for commercial purposes, such as discounting the patient’s charge by receiving 3,00 won of the flusium removal (Scinginging).

2. Determination

A. In light of the legislative purport of Article 27(3) of the Medical Service Act prohibiting solicitation of patients as stipulated in Article 27(3) and related legal interests, and the content, history, and purport of the medical advertisement-related provision as stipulated in Article 56 of the Medical Service Act, the act of medical advertisement does not constitute “induction” of patients as stipulated in Article 27(3) of the former Medical Service Act, unless there are special circumstances, such as where it can be evaluated as equivalent to the type of each act prohibited under the main sentence of Article 27(3) of the former Medical Service Act, or where it substantially undermines the order of the medical market, and the act of advertisement was conducted through a third party upon the request of the medical personnel’s employee or the medical personnel.

Even if it is reasonable to deem that such act does not constitute “inducing or arranging” or “inducing” of a patient (see Supreme Court Decision 2010Do1763, Sept. 13, 2012, etc.). First, the Defendant’s act of receiving KRW 3,00 from a patient who is within the instant dental license around October 2015 and removing cryping (cryping).