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

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

Punishment of the crime

The defendant is a person who operates a ‘D convalescent Hospital' in Daegu Dong-gu C.

Although all kinds of hospitals have medical personnel on duty necessary for the treatment, etc. of emergency patients and inpatients, the Defendant operated the above hospital without having medical personnel on duty necessary for the treatment, etc. of approximately 130 inpatientss in the above D convalescent hospital from around 18:00 on June 24, 2014 to June 25, 2014.

Summary of Evidence

1. E-certification;

1. Search for reports on internal accidents;

1. Application of Acts and subordinate statutes to each investigation report (to hear and report on the counter call statement of witnesses E);

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

1. The defendant and his/her defense counsel's assertion on the defendant and his/her defense counsel under Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse, asserts that the defendant and his/her defense counsel should be viewed as a medical person on duty even in cases where he/she works at a hospital where he/she

However, the literal interpretation of “regularly employed persons” refers to “the number of night duty or night duty at a place where they work,” and the convalescent hospital is a hospital-level medical institution as provided by Article 3(2)3 of the Medical Service Act, namely, a medical institution that mainly provides medical services to inpatients, and mainly provides care beds (the beds installed to provide medical services to patients in need of long-term hospitalization). Unlike a hospital-level medical institution for outpatients, in light of the purport of Article 41 of the Medical Service Act, which legally forces medical personnel on duty to provide medical services to rapidly respond to urgent treatment of emergency patients and inpatientss, unlike a hospital-level medical institution for outpatients, it is difficult to view the patient as medical personnel on duty if they are waiting outside the hospital and go out of the hospital. Therefore, the defendant and the defense counsel are without merit.