A. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)

(b) False entry into public electronic records;

(c) Events such as false statements and electromagnetic records;

D. Violation of the Medical Service Act

A

Defendant

Attorney GA (Korean Office)

Daegu High Court Decision 2016Do290, 445 (merged) Decided January 1, 2017

8,2017. 29

The appeal is dismissed.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Violation of the Medical Service Act due to the establishment of medical institutions by non-medical persons related to the Council members, and violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)

When filing an appeal against the judgment of the first instance, the Defendant asserted only unfair sentencing as the grounds for appeal against this part, and the lower court did not ex officio consider this part of the grounds for appeal as the subject matter of the judgment. In such a case, the allegation that the lower court erred by the rules of evidence and the misapprehension of

2. Violation of the Medical Service Act due to the establishment of medical institutions by non-medical persons related to X-X convalescent, and violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes

A. The main text of Article 33(2) of the Medical Service Act provides that a person who is eligible to establish a medical institution may not establish such medical institution unless he/she falls under any of the following subparagraphs. Under each subparagraph, “medical doctor, dentist, oriental medical doctor, midwife, State or local government, corporation established for the purpose of rendering medical services, non-profit corporation established under the Civil Act or any special Act, quasi-government organization established under the Act on the Establishment and Operation of Public Institutions, local medical center established under the Act on the Establishment and Operation of Local Medical Centers, the Korea Veterans Welfare and Healthcare Corporation established under the Korea Veterans Welfare and Healthcare Corporation Act” is restricted. The purpose of the above provision is to strictly restrict the establishment of a medical institution as a medical person with medical expertise, or a corporation or institution with public nature, and to protect and improve public health based on the appropriateness of medical treatment (see Supreme Court Decision 200Do3875, Sep. 24, 2004). Therefore, the foregoing legal principle also applies to the establishment of a consumer cooperative under the name of a medical institution under the name of 201.

B. The lower court found the Defendant guilty of the violation of the Medical Service Act and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) on the ground that even though X-B convalescent was established in the form of the branch office of Nmedical Consumer Cooperative, the Defendant, a non-medical person, was actually established and operated jointly

C. The lower court’s determination is justifiable in light of the foregoing legal doctrine. In so determining, it did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of medical institutions under the Medical Service Act

3. Conclusion

The Defendant’s appeal is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Jae-sik et al.

Justices Park Young-young