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(영문) 의정부지방법원 고양지원 2015.05.08 2015고정15
의료법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative director of the "D convalescent Hospital" in the Silsan-gu Seoul Metropolitan City in Manyang-si.

Various kinds of hospitals shall have medical personnel necessary for the treatment of emergency patients and inpatients, and shall have one doctor, dentist, or oriental medical doctor for up to 200 inpatients, and two nurses for each two hundred inpatients, and one doctor and two nurses for each two hundred inpatients.

Nevertheless, from December 2, 2013 to July 25, 2014, the Defendant violated the standards for posting medical personnel on duty by allowing only one nurse and one assistant nurse to work.

Summary of Evidence

1. Partial statement of the defendant;

1. A certificate;

1. Application of Acts and subordinate statutes to a permit to establish a medical institution, a safety inspection table in a convalescent hospital, and official documents (the result of authoritative interpretation under Article 41

1. Articles 90 and 41 of the Medical Service Act for the crime concerned;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Article 18 of the Enforcement Decree of the Medical Service Act provides that “for not more than 200 hospitalized patients, one doctor, one dentist, or two nurses shall serve, and the meaning of the provision is that one doctor and two nurses shall serve both. In the case of a hospital operated by the defendant, one doctor or one nurse on duty shall have one nurse or two nurses on duty, not all, and in the case of a hospital operated by the defendant, one doctor or not more than 200 inpatients but one nurse and one nurse on duty who can be replaced by the nurse with the nurse did not violate the above provision of the Enforcement Decree.

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