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(영문) 서울서부지방법원 2015.09.16 2015고단1241
의료법위반
Text

Defendants shall be punished by imprisonment for eight months.

However, each of the above defendants is against the defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Case] The Medical Service Act prohibits the introduction, referral, and inducement of patients to medical institutions for commercial purposes. However, in order to develop the medical tourism industry in Korea, the Medical Service Act was amended around May 2009, and the Medical Service Act was exceptionally allowed only those who registered with the Ministry of Health and Welfare by satisfying certain requirements, to arrange foreign patients to the hospital.

In order to register the business of attracting foreign patients, one must have purchased a guaranteed insurance to cover liability for damages inflicted on foreign patients by intention or negligence (the insurance amount is at least 100 million won, the insurance period is at least one hundred million won), the capital of at least 100 million won, and the three requirements must be met to establish an office in Korea.

As above, more than 6 years have passed since the revision of the Medical Service Act, the size of foreign patients using domestic medical institutions is about 2.10,00,000, and the number of domestic foreign patients attracting business operators and medical institutions is about 1,776, 3,898, respectively, and medical treatment income is about 40 billion won, and the scale of medical tourism business has increased more than 1,776, 3898.

In particular, the ratio of Chinese tourists to Chinese tourists in the domestic medical service market related to sex-related forms has increased due to the increase of time, and in proportion to this increase, the number of business operators without registration is also increasing, and the above business operators require more than 20% of the expenses less than the expenses for surgery in sexual surgery.

In addition, sexually out-of-the-counter and hospital hospitals are practically difficult to attract foreign patients if they are not registered, so it is inevitable to attract patients through them and to comply with their demands. In addition, it is inevitable for them to use this point to attract patients and to comply with their demands.

However, when a medical accident occurs, a foreign patient introduced through a normal host company is compensated for damage through a guarantee insurance, etc.

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