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(영문) 대구지방법원 김천지원 2017.02.14 2016고정517
의료법위반
Text

The defendant shall disclose the summary of the judgment of innocence against the defendant.

Reasons

1. The summary of the facts charged is the dental clinic that operates E dental clinics located on the 3rd floor of the Gu and America.

No one shall induce a medical institution or medical person to induce a patient for profit, such as exempting or discounting the patient's apportionment under the National Health Insurance Act or the Medical Care Benefits Act, providing money, goods, etc., or providing transportation convenience to many and unspecified persons.

On May 11, 2016, the Defendant, at the above E dental clinic, induced patients by providing F and two other persons with free right to use skin management once.

2. The legislative purport of Article 27(3) of the Medical Service Act is to prevent unreasonable and excessive competition among medical institutions around the attraction of patients. The term "inducing" under the above provision means inducing a patient to enter into a medical treatment delegation contract with a specific medical institution or a medical person by deceiving or treating the patient by means of deception. The act of attracting patients by a medical person cannot be deemed as "inciting" under the above provision unless there are special circumstances such as the provision of money or goods to patients or actors or fundamental harm to the order of the medical market (see, e.g., Supreme Court Decision 2007Do10542, Feb. 28, 2008). The following circumstances acknowledged by the record of the above case, namely, the defendant, rather than many and unspecified persons, provided the right to use the patient at no charge to the patient at the dental clinic of the defendant, and the act of providing the patient at no charge and the right to use the patient at no charge by providing the above three persons with the right to use the patient at no charge.

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