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The judgment below
The part against the Defendants is reversed, and that part of the case is remanded to the Seoul High Court.
Reasons
The grounds of appeal are examined ex officio before judgment.
1. The summary of Defendant A’s violation of the National Health Insurance Act among the facts charged in the instant case against Defendant A is as follows: (a) Defendant A, without a doctor, established and operated Qa Hospital (hereinafter “the instant hospital”) in collusion with the first instance trial co-defendants; (b) claimed medical care benefits from the National Health Insurance Corporation as if the instant hospital was duly established under the Medical Service Act; and (c) received insurance benefits by unlawful means; and (d) the summary of aiding and abetting the violation of the National Health Insurance Act among the ancillary facts charged against Defendant D, was as follows: (a) even though Defendant D knew that the instant hospital was established and operated by non-medical personnel, Defendant A was able to easily commit the crime of violating the National Health Insurance Act by facilitating Defendant A, etc.
The lower court found each of the above facts charged guilty by applying Article 115(2)5 of the former National Health Insurance Act (amended by Act No. 14084, Mar. 22, 2016; hereinafter the same) (amended by Act No. 14084, Mar. 22, 2016; hereinafter the same) to the foregoing facts charged.
2. However, it is difficult for the lower court to accept the punishment for each of the above facts charged for the following reasons.
A. The meaning of the language and text used in the Act ought to be determined by the relevant Act, if it is defined in the said Act, or, even if not, by examining the ordinary meaning of the language and text, in a systematic and logical manner as to how it is used in the said Act (see Supreme Court Decision 2013Do841, Aug. 24, 2016). (b) Article 1 of the former National Health Insurance Act provides for insurance benefits for the prevention, diagnosis, medical treatment and rehabilitation of diseases and injury of the people, as well as for the improvement of their childbirth, death, and health.